RAEES KHAN JADON vs THE STATE
This criminal appeal challenges the judgment dated 11-9-2009 passed by the Special Judge (CNS) Court-1, Karachi, in Special Case No. 72 of 2008 arising from F.I.R. No. 13 of 2008 under Section 9-C of the Control of Narcotic Substances Act, 1997, where the appellant was convicted and sentenced to rigorous imprisonment for seven years with a fine. The core legal question before the court was whether a modification and reduction of the sentence to the period already undergone was warranted given the mitigating circumstances and the time served. The Sindh High Court noted that the appellant did not press the appeal on merits, was a first-time offender, and had already served a substantial portion of his sentence including remissions. Holding that the ends of justice would be met, the court dismissed the appeal while modifying the sentence to the period already undergone, ordering the immediate release of the appellant unless required in another case.
- Whether an appellate court can reduce a sentence to the period already undergone in a narcotics case based on mitigating circumstances?
- Can a criminal appeal be disposed of when the appellant does not press the challenge on merits but seeks leniency in sentence?
- Whether the unserved portion of a sentence can be remitted considering the jail roll and period already spent in custody by a first offender?
- Section 9-C, Control of Narcotic Substances Act 1997
ORDER
' Through this Criminal Appeal the Appellant has impugned the judgment dated 11-9-2009 passed by the learned Special Judge (CNS) Court-1, Karachi, in Special Case No,72 of 2008 culminating from F.I.R. No,13 of 2008 under section 9-C, C.N.S. Act, 1997 of P.S. ANF-Clifton, Karachi, whereby the appellant has been convicted to undergo R.I. For seven (07) years and pay fine of Rs.50,000 and in default of payment of fine to further suffer' S.I. For three (3) months.
2. The learned counsel for the appellant does not press the appeal on merits and prays that the impugned sentence and fine be reduced to that of already undergone by the appellant. The learned Special Public Prosecutor, ANF, opposes the appeal on the ground that heroin powder weighing 4.5 Kilogramas was recovered from present appellant and appellants in Criminal Jail Appeal No, 278 of 2009 and Criminal Appeal No,215 of 2009 and the trial Court has already taken a lenient view while awarding sentence to the appellant.
3. We have heard the learned counsel for the appellant and the learned Special Prosecutor ANF.
According to the Jail Roll dated 7-5-2010 submitted by the Superintendent, Centrla Prison, Karachi, the appellant was admitted in the Central Prison on 3-6-2008 and out of total sentence of seven years (07) years and three (03) months, including fine, the appellant has served out sentence of four (04) years, eleven (11) months and three (03) days, which includes remissions of two (02) years, eleven (11) months and twenty-six (26) days. However, the unexpired portion of sentence of the, appellant comes to two (02) years, three (03) months and twenty-seven (27) days.
4. The appellant is first offender and claims to be the sole bread earner of his family. Out of the total sentence of seven (07) years and three (03) months awarded to the appellant, he has served out sentence of four (04) years, eleven (11) months and three (03) days, including remissions. In the given circumstances, we are of the view the ends of justice have met. We accordingly, dismiss this Criminal Appeal along with the listed applications and modify the sentence of R.I. For seven (07) years and fine of Rs.50,000 to that of already undergone by the appellant. He shall be released forthwith if not required in any other case. The office is directed to issue the release writ today and return the R&P to the trial Court.
Cited by 5 cases
- Atta Ur Rehman vs The State 2022 PCRLJ 878
- Najeeb Ullah vs The State 2021 P Cr. L J 18
- Najeeb Ullah vs The State 2020 IHC 118
- MUHAMMAD ARSHAD HUSSAIN alias GUL KHAN vs THE STATE 2012 YLR 1630
- Javed Khan vs The State 2021 IHC 36