MANZOOR AHMED vs STATE
This criminal appeal challenges the judgment dated 20-1-2010 passed by the Special Judge (CNS), Karachi, which convicted the appellant under Section 9-C of the Control of Narcotic Substances Act, 1997, for the possession of 1005 grams of heroin. The appellant was sentenced to five years of rigorous imprisonment and a fine of Rs. 30,000, with a default sentence of two months of simple imprisonment. The core legal question before the Court was whether, given the appellant's status as a first-time offender and the significant portion of the sentence already served, the sentence could be modified to the period already undergone. The Court, noting that the appellant had served three years, seven months, and twelve days of the total sentence (including remissions), held that the ends of justice would be met by reducing the sentence to the period already served. Consequently, the Court dismissed the appeal on merits but modified the sentence to that of time already undergone, ordering the immediate release of the appellant, provided he was not required in any other case.
- Can a court reduce a sentence of imprisonment to the period already undergone for a first-time narcotics offender?
- Does the inclusion of remissions in the time served justify a modification of the original sentence?
- Section 9-C, Control of Narcotic Substances Act 1997
ORDER
Through this Criminal Appeal the Appellant has impugned the Judgment dated 20-1-2010 passed by the learned Special Judge (CNS), Court-I, Karachi, in Special Case No, 162 of 2008, culminating from FIR No, 118/2008 under Section 9-C CNS Act, 1997 of PS ANF, Clifton, Karachi, whereby he has been convicted to suffer RI for five (05) years and pay fine of Rs,30,000/- and in default of payment of fine to further undergo SI for two (02) months.
2. The learned Counsel for the Appellant does not press the Appeal on merits and pray that the impugned sentence' and fine be reduced to that of already undergone by the Appellant. The learned Special Prosecutor, ANF, opposes the Appeal on the ground that capsules containing heroin power weighing 1005 grams were recovered from the Appellant and the trial Court has already taken a lenient view while awarding sentence to him.
3. We have heard the learned Counsel for the Appellant and the learned Special Prosecutor ANF.
According to the Jail Roll dated 24.5.2010 submitted by the Superintendent, Central Prison, Karachi, the Appellant was remanded to Central Prison on 18-11-2008 and out of total sentence of five (05) years and two (02) months, including fine, the Appellant upto 24-5-2010 has served out sentence of three (03) years, seven (07) months and twelve (12) days, which includes remissions of two (02) years and one (01) month and six (06) days. However, the unexpired portion of sentence of the Appellant comes to one (01) year, six (06) months and eighteen (18) days.
4. The Appellant is first offender and claims to be the sole bread earners of his family. Out of the total sentence of five (05) years and two (02) months awarded to the Appellant, he has served out sentence of three years (03) years and seven (07) months and twelve (12) days, including remissions. In the given circumstances, we are of the view that ends of justice have met. We accordingly, dismiss this Criminal Appeal and modify the sentence of RI for five (05) years and fine of Rs,30,000/- to that of already undergone by the Appellant. The Appellant shall be released forthwith if not required in any other case. The office is directed to issue the release writ today.