Order Sheet.

 HIGH COURT OF SINDH, CIRCUIRT COURT HYDERABAD.

CRIMINAL APPEAL NO.D-69 OF 2008.

Date              Order with signature of Judge

13.04.2010.

FOR HEARING OF MA NO.206 OF 2010.

      Mr. Shoukat Ali Pathan, Advocate for the appellant.

Mr. Muhammad Iqbal Kalhoro, Additional Prosecutor General.

Appellant has been produced in custody.

. . . .

      Upon being found guilty of possessing 03 kilograms Charas the appellant was convicted under section 9(C) of Control of Narcotic Substances Act, 1997 and was sentenced to suffer rigorous imprisonment for 08 years and fine in the sum of Rs.20,000/-.

2.    Counsel for the appellant contends that the unexpired portion of the sentence of the appellant is only 01 month and 20 days and fine of Rs.20,000/- and in case the sentence is reduced to one already undergone and the fine is remitted, the appellant would not press this appeal. He further states that during the confinement in the jail the appellant has realized his mistake and repents and assures that he would not repeat such offence.

3.    Learned State Counsel in the circumstances, does not oppose such request.

4.   We have seen the jail roll, which reflects that the unexpired portion of the sentence of the appellant is only 01 month and 20 days and on account of non-payment of fine the appellant has to undergo further three months. The appellant is a first offender and has not been shown to be involved in any case previously and has shown repentance, therefore, we while maintaining the conviction reduce the sentence to one already undergone and remit the fine. The appellant shall be released forthwith if he is not required in any other custody case.

      The appeal stands dismissed in the above terms.

                                                         JUDGE

                                              JUDGE