ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Jail Appeal No.271 of 2010

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Date Order with signature(s) of Judge(s)

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For regular hearing

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22.01.2013

Mr. Shaikh Ghulam Sabir Niazi, Advocate for Appellant.

Mr. Khadim Hussain Khoonharo, D.P.G.

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Upon recovery of 10.5 kilograms heroin powder the appellant was tried by the Special Judge-I, CNS, Karachi for offence under section 9(c) of the CNS Act 1997 and upon finding him guilty was sentenced to suffer life imprisonment, which judgment has been called in question by the appellant in the instant appeal.

Learned counsel for the appellant contends that he would not press the instant appeal if this Court while maintaining the conviction reduces the sentence to one already undergone. Counsel has drawn our attention to the fact that if the heroin power would have been 10 Kgs. the sentence would have been 14 years. He further says that the net weight of the heroin powder was never carried out as the heroin was packed in 11 brown envelopes and then wrapped in 11 plastic bags but no net weight of the heroin powder was carried out. In support of his contention learned counsel for the appellant placed reliance on the following judgments:

1. GHULAM MURTAZA and another Vs. THE STATE (PLD 2009 Lahore 362)

2. AMEER ZEB versus THE STATE (PLD 2012 Supreme Court 380)

Learned counsel for the appellant further invited our attention to the jail roll, which reflects that out of 25 years of sentence the appellant has already served 23 years, 5 months and 8 days and that jail roll was called on 03.11.2012 and by now he has almost served 24 years sentence.

Learned D.P.G. in view of the above has no objection for reduction of sentence to one already undergone.

We have heard the learned counsel for the parties and perused the record. The jail roll reflects that the appellant as on 03.11.2012 has served 23 years, 5 months and 8 days out of the total sentence of 25 years. There is nothing on record to show that the appellant is a previous convict and we also see some weight in the contention of the learned counsel for the appellant that net weight of the heroin powder has not been carried out.

In the circumstances we, while maintaining the conviction, reduce the sentence to one already undergone. The appellant shall be released forthwith if not required in any other case.

JUDGE

JUDGE

Gulsher/PA