ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                Cr.Jail.Appeal.No.D- 98 of 2008                                

DATE         ORDER WITH SIGNATURE OF JUDGE

                        For regular hearing.

30.3.2010.

                        Appellant produced in custody.

Mr. Raja Hans Raj Naurang, Advocate for the appellant.

                        Syed Meeral Shah, D.P.G.

                                                            =

                        Upon having found guilty of possessing 1200 grams of chars, the appellant was convicted U/s 9 © of C.N.S Act, 1997 and was sentenced to suffer 07 years R.I and fine of Rs.100,000/-. The counsel for the appellant outragely submitted that he does not dispute the conviction but prays for reduction of the sentence. The learned D.P.G states that since the conviction is being maintained therefore, he has no objection for reduction of the sentence.

                        In the case of Niazuddin Vs. The State, reported in 2007 SCMR 2006, the Apex Court reduced the sentence of a convict who was found in possession of 05 Kgs of heroin from 10 years R.I to 06years R.I. In the instant case, the recovery is only 1200 grams and that too of chars. The jail roll placed on record reflects that the appellant has undergone 03 years and 04 months. The appellant appears to be a young man of 24 years and has realized his mistake. We in the circumstances, upholding the conviction, reduce the sentence of appellant to already undergone and also remit the fine. The appellant shall be set at liberty if not required in any other case.                         

                                                                                                                 JUDGE

                                                                        JUDGE

Tufail