Judgment Sheet.

 HIGH COURT OF SINDH, CIRCUIRT COURT HYDERABAD.

Present:

1. Mr. Justice Sajjad Ali Shah,

2. Mr. Justice Aqeel Ahmed Abbasi,

Cr. J. Appeal No.D-28 of 2010.

Shah Nawaz Ali @ Manthar . . . . . . . . . . . . . .. . . . . . . . . .Appellant.

                                    Versus.

The State. . . .  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Respondent.

Date of hearing:                     02.06.2010.

Date of Judgment:                 02.06.2010.

Appellant:                                                       Through Mr. Shoukat Ali Pathan, Advocate.

Respondent:                                                   The State through Mr. S. Meeral Shah, Deputy Prosecutor General.

J U D G M E N T.

SAJJAD ALI SHAH, J-.       The appellant upon being found guilty of an offence under section 9(C) of Control of Narcotic Substances Act, 1997, was convicted and sentenced to suffer R.I. for 04 years with fine of Rs.10,000/- and on account of non-payment of fine further imprisonment for 06 months.

            Learned counsel for the appellant at the very outset has contended that the appellant would not press the instant appeal if while maintaining the conviction the sentence is reduced to one already undergone. Per learned counsel out of 04 years sentence the appellant has already undergone more than 03 years 01 months and 14 days including remissions. He further states that the appellant has learnt lesson and has repented and undertakes not to repeat such offence. He being the sole bread earner of his family deserves a lenient treatment.

            In facts and circumstances, learned D.P.G. states that in case the conviction is maintained he would have no objection for reduction of the sentence.

            We have heard the learned counsel and perused the record. It appears that on recovery of 04 kilograms of Charas the trial Court has convicted the appellant to undergo R.I. for 04 years with fine of Rs.10,000/- and the jail-roll, which has been placed on record, reflects that the appellant has already undergone more than 03 years 01 months and 14 days and since the appellant being a youngman has repented, therefore, deserves lenient treatment. It is also important to note that four bundles each weighing one kilogram, containing number of rods were recovered from the appellant and only 10 grams of Charas from each bundle was sent to Chemical Examiner leaving the status of remaining substance undetermined. In similar circumstances the apex Court in the case of MUHAMMAD HASHIM v. THE STATE (P L D 2004 S.C. 856), where 4 kilograms of Charas in 288 rods was recovered and sample of only 4 gram was drawn from any of the rods, had set aside the conviction. In the instance case since the appellant is not pressing the appeal, therefore, we while dismissing the appeal and maintaining the conviction reduce the sentence to one already undergone and remit the fine. The appellant shall be released forthwith if not required in any other custody case.

                                                                                                                 JUDGE

                                                                                                JUDGE

S