IN THE HIGH COURT OF SINDH, BENCH
AT SUKKUR.
Special Crl. Jail
Appeal No. D – 136 of 2022
Before;
Mr. Justice Zafar Ahmed Rajput,
Mr. Justice Irshad
Ali Shah
Appellant: Aamir Ali son of Ali Dino Phulpoto,
Resident of village Wari Goth, Taluka
and District Khairpur.
(Now confined in Central Prison Khairpur)
Through Mr. Rukhsar Ahmed Junejo,
Advocate.
The State: Through Mr. Zulfiquar Ali Jatoi, A.P.G.
Date of hearing: 26-01-2023.
Date of decision: 26-01-2023.
JUDGMENT
IRSHAD ALI SHAH, J. It is the case of
prosecution that on arrest from the appellant was recovered 1500 grams of
charas by Police party of PS Piryaloi, for that he
was booked and reported upon. On conclusion of trial, he was convicted u/s 9
(C) of CNS Act, 1997 and sentenced to undergo Rigorous Imprisonment for 09
years and to pay fine of Rs. 40,000/- and in default whereof to undergo Simple Imprisonment
for 03 months with benefit of section 382-B Cr.P.C, by
learned Ist Additional Sessions Judge/MCTC-I/ Special
Judge (CNS), Khairpur vide judgment dated 06-12-2022, which is impugned by the
appellant before this Court by way of instant Special Crl.
Jail Appeal.
2. At
the very outset, it is stated by learned counsel for the appellant that he would
not press the disposal of instant Special Crl. Jail
Appeal on merits, provided the sentence awarded to the appellant is reduced to considerable
extent, which is opposed by learned Additional Prosecutor General, Sindh by
contending that the minimum sentence prescribed by law for the alleged offence as
per amendment introduced by way of Act No. XX of 2022 is 09 years with fine. On
being asked he however was fair enough to admit that such amendment was made
much after registration of the present case with no retrospective effect.
3. Heard
arguments and perused the record.
4. The
appellant is young man of 22 years of age and said to be sole bread earner of
his family, by not pressing disposal of his appeal on merits he has shown
remorse and there is likelihood of his reformation. By considering these
factors as mitigating circumstances, the sentence awarded to the appellant for
the said offence is reduced to Rigorous Imprisonment for 03 years with fine of
Rs.10,000/- and in default whereof, to undergo simple imprisonment for 01 month
with benefit of section 382-B Cr.P.C.
5. Subject
to above modification, the instant Special Crl. Jail
Appeal is disposed of.
J U D G E
J U D G E
Nasim/P.A