IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No.64 of 2013

Present: Mr. Justice Ghulam Sarwar Korai

Mr. Justice Naimatullah Phulpoto

Appellant : Saeed Shah S/o Nazar Shah, through Mr. Inamullah Khan, Advocate.

Respondent : The State through Mr. Khadim Hussain Khuharo, Dy. Prosecutor General Sindh

Date of hearing : 09.10.2013

Date of announcement : 11.10.2013

J U D G M E N T

NAIMATULLAH PHULPOTO, J.- Appellant Saeed Shah son of Nazar Shah was tried by learned Judge, Special Court-II (CNS) Karachi in F.I.R. No.795/2012 registered at Police Station Jackson, Karachi in respect of an offence under section 9(c) of the Control of Narcotics Substances Act, 1997 with an allegation that appellant has been apprehended while in possession of charas weighing 1200 grams and after full dressed trial, by judgment dated 23.02.2013, he was convicted for an offence under 9(c) of the Control of Narcotics Substances Act, 1997 and sentenced to imprisonment for ten years R.I. and fine of Rs.100,000/-. In case of default in payment of fine he will suffer further rigorous imprisonment for one year with the benefit of 382-B Cr.PC. The appellant has challenged his conviction and sentence through instant appeal.

2. Learned counsel for the appellant did not press the appeal on merits and submitted that upon recovery of 1200 grams charas the appellant has been convicted under section 9(c) of the Control of Narcotics Substances Act, 1997 and to pay fine of Rs.100,000/-. It is submitted by the learned defence counsel that sentence is too harsh and against the sentencing policy laid in the case of Ghulam Murtaza and another versus The State (PLD 2009 Lahore 362) and Ameer Zeb versus The State (PLD 2012 SC 380). Lastly, learned counsel for the appellant argued that appellant is supporter of a large family, lenient view may be taken in the sentence.

3. Mr. Khadim Hussain Khuharo, learned Deputy Prosecutor General Sindh appearing on behalf of the State recorded no objection if conviction is maintained and sentence is awarded to appellant, applying the sentencing policy of Lahore High Court Lahore laid down in the above referred case.

4. Brief facts of the case as disclosed in the F.I.R. are that on 13.10.2012 ASI Muhammad Akram of P.S. Jackson, Karachi West, along with his subordinate staff left the police station in the Government Vehicle at 0135 hours vide Roznamcha Entry No.53. During patrolling ASI received spy information that present accused was selling charas at Charnal Road, near Quba Masjid, Keamari, Karachi. On such information, police party proceeded to the pointed place and found the appellant while selling charas. He was apprehended in presence of mashirs. 120 rods of charas weighing 1200 grams were recovered from his possession. The appellant was brought to the police station where F.I.R. No.795/2012 was registered against the accused under section 9(c) of the Control of Narcotics Substances Act, 1997 on behalf of the State. 1200 grams charas were sent to the Chemical Examiner, positive report was received. On the conclusion of the investigation, challan was submitted against the accused. After full dressed trial appellant was convicted and sentenced as stated above.

5. Since the appeal has not been pressed on merits, as such, conviction is maintained. However, while applying the sentencing policy of the Lahore High Court, Lahore, laid down in the case of Ghulam Murtaza and another v. The State (PLD 2009 Lahore 362), approved by the Honourable Supreme Court in the case of Ameer Zeb vs. The State (PLD 2012 SC 380) and in the case of Fareedullah V. The State (2013 SCMR 302), the appellant is sentenced to four (04) years and six (06) months R.I. and to pay a fine of Rs.20,000/- (Rupees Twenty Thousand only) or in default of payment thereof to undergo simple imprisonment for five (05) months. The benefit under section 382-B, Cr.PC shall be extended to appellant. This appeal is disposed of in these terms.

JUDGE

Gulsher/PA