JUDGMENT SHEET.

IN THE HIGH COURT OF SINDH CIRCUIT COURT, HYDERABAD.

Cr. Jail Appeal No.D-98 of 2008

Present:

                                                                        Mr. Justice Sajjad Ali Shah-J.

                                                                        Mr. Justice Aqeel Ahmed Abbasi-J,                   

Date of hearing:                        30.03.2010.

Date of Judgment:                    30..03.2010

Appellant  :                               Mir Alam through

Mr. Raja Hans Raj Naurang, Advocate.

Respondent  :                           The State through

Syed Meeral Shah, Deputy Prosecutor Genera.

J U D G M E N T

SAJJAD ALI SHAH,J:- Upon finding the Appellant guilty, the Special Court for Control of Narcotic Substances, Hyderabad, by its judgment dated 6^th September 2008, convicted the Appellant and sentenced him to suffer Rigorous Imprisonment for a period of seven years and to pay fine of Rs.100,000/-  and in default of payment of fine to undergo Rigorous Imprisonment for six months more.

2.         At the very outset learned Counsel for the Appellant stated that the Appellant, who is a young man of 24 years has contacted various diseases in Jail and has not been involved previously in any offence and is only bread earner of his family, shall not press this appeal against his conviction if the sentence is reduced to the imprisonment, which he has already undergone. Per learned Counsel the Appellant has remained in jail for almost four years.

3.         Learned Deputy Prosecutor General has no objection for reducing the sentence to the imprisonment, which the Appellant has already undergone.

4.         The Appellant, according to the record of the instant case, is of 24 years and has not been shown to be involved in any offence previously, and has shown repentance. In the case of Niazuddin V. The State (2007 S C M R 206), Supreme Court was pleased to reduce sentence of a convict from 10 years  for possessing five (5) kilograms of Heroin to six (6) years.

It is a matter of common knowledge that there is a lot of difference between Charas and Heroin. Heroin is much more costly and more injurious than charas. In the peculiar circumstances of the instant case where the Appellant is a young man of 24 years and has almost completed four years out of seven years, has contacted various diseases in Jail and has learn his lesson by showing repentance and undertaking not to repeat the offence, deserves leniency and reduction in sentence.  

5.                     We therefore, in the circumstances, while dismissing the appeal against the conviction as not pressed, alter the sentence to the imprisonment, which Appellant has already undergone and remit the fine. He may be released immediately.

JUDGE

                                                            JUDGE