IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Special Crl. Jail Appeal No. D – 43 of 2021

 

                                                Before;

                                                          Mr. Justice Zafar Ahmed Rajput,

                                                                      Mr. Justice Irshad Ali Shah.

 

Appellant:                            Shakir Hussain son of Aarab Ali Soomro.

                                                (Now confined in Central Jail Sukkur)

Through Mr. Muhammad Ali Napper, Advocate.

 

The State:                              Through Mr. Mohsin Ali Khan, Special prosecutor ANF.

 

Date of hearing:                  15-02-2023.

Date of decision:                 15-02-2023.

 

JUDGMENT

 

IRSHAD ALI SHAH, J. It is the case of the prosecution that on arrest from the appellant was secured 06 KG of charas by Police party of PS ANF Sukkur, 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 08 year and 06 months with fine of Rs. 40,000/- and in default whereof, to undergo Simple Imprisonment for 07 months with benefit of section 382-B Cr.P.C by learned IIIrd Additional Sessions Judge/ (MCTC-II), Sukkur vide judgment dated  10-06-2021, 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 for disposal of instant Special Crl. Jail Appeal on merits, provided the sentence awarded to the appellant is reduced to one which he has already undergone, which is opposed by learned Special Prosecutor ANF by contending that the offence which the appellant has committed is affecting the society at large.

3.         Heard arguments and perused the record.

4.         The appellant is 40 years of age and said to be sole bread earner of his family; there is no criminal record against him; by not pressing for disposal of his appeal on merits he has shown remorse and there is likelihood of his reformation. By considering all these factors as  mitigating circumstances, the Rigorous Imprisonment awarded to the appellant for the said offence is reduced to 06 years and 09 months 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.         Instant Special Crl. Jail Appeal subject to above modification is disposed of accordingly.

 

                                                                                                             J U D G E

 

                                                                           J U D G E                                                  

 

Nasim/P.A