IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Jail Appeal No.   D-   41 of 2012.

Present:

                                                Mr. Justice Naimatullah Phulpoto.

                                                Mr. Justice Riazat Ali Sahar.

Ghulam Muhammad Joyo.                                                 ……...Appellant.

Versus

The State.                                                                               ..….Respondent.

Mr. Habibullah Ghauri, Advocate for the appellant.

                        Mr. Naimatullah Bhurgri, State counsel.

                        Appellant Ghulam Mohammad Joyo is present.

Date of hearing:                                03.08.2012.

Date of judgment:                            03.08.2012.

J U D G M E N T

Riazat Ali Sahar, J-. Appellant Ghulam Muhammad Joyo was found guilty of possessing 1100 grams of Charas and vide judgment dated 17.03.2012, passed in Special Case No. 53/2011, arising out of Crime No.153/2011 of P.S Market, Larkana, under Section 9 (c) of the Control of Narcotic Substances Act, 1997, he was convicted by the learned Sessions Judge/Special Judge for CNS, Larkana, and sentenced under Section 9 (c) of the CNS, Act, 1997, to undergo imprisonment for 2 years R.I and to pay fine of Rs.30,000/- and in default of payment to suffer simple imprisonment for three months more.

2.         Briefly, the facts are that on 19.07.2011, a police party headed by SIP Syed Ameer Ali Shah while patrolling noticed three persons in the street near D.C High School, Larkana coming on motorcycle; they were suspected, therefore, they were commanded to stop, to which they took out pistols and opened fires upon police. Ultimately, the culprits were apprehended on spot including present applicant and on his bodily search 1100 grams of charas were secured from him. Charas was sent to chemical examiner, positive report was received. Case was challaned against accused.

3.         The learned trial Court, on the basis of evidence of complainant/ PW SIP Syed Ameer Ali Shah, PW ASI Ghulam Asghar and Investigating Officer Inspector Abdul Ghafoor, after recording statement of accused, found the appellant guilty and sentenced him as above.

4.         The learned counsel for the appellant at the very outset submits that the appellant would not  press the appeal, on merits in case this court while maintaining the conviction reduce the sentence to one already undergone.

5.                     The learned State counsel keeping in view the fact that the appellant has served out sufficient imprisonment; hence he concedes the request made by learned Counsel for the appellant.

6.         According to the jail roll of the appellant dated 03.08.2012, he has remained in custody for 01 year and 07 months and 27 days upto 30.6.2010 including remissions. In a case reported as Nizamuddin v. The State, 2007 SCMR 206, the Hon’ble Supreme Court was pleased to reduce the sentence of imprisonment of 10 years to 06 years awarded upon the recovery of 05 kilograms of heroin. Needless to mention that heroin is more dangerous and hazardous than the Charas.

7.         In our opinion, the appellant has suffered adequate punishment and ends of justice have been satisfied. Moreover, the appellant is first offender. Only 1100 grams charas have been recovered from him. Accordingly, the appeal against conviction is dismissed as not pressed and the sentence awarded to the appellant is altered into the sentence which he has already undergone and further reduce the amount of fine to the extent of Rs. 15,000/-(fifteen thousands). In case of non payment of the fine, the appellant shall under S.I for  07 day some.

                                                                Judge

                                        Judge