Mst. SHABIRAN PATHAN vs THE STATE
This criminal appeal challenges the conviction and sentence of the appellant, Mst. Shabiran Pathan, who was found guilty of possessing 8 kilograms of charas under Section 9(c) of the Control of Narcotic Substances Act, 1997, and sentenced to 8 years imprisonment with a fine. The core legal question was whether the sentence imposed by the trial court was excessive given the appellant's age, status as a first offender, and the period of incarceration already served. The Sindh High Court, noting the appellant's advanced age (60-65 years) and the fact that she had already served nearly six years in custody, accepted the appellant's request not to press the appeal against conviction while seeking a reduction in sentence. Relying on the principle of proportionality and precedent regarding drug-related offenses, the Court dismissed the appeal against conviction but reduced the sentence of imprisonment to the period already undergone and significantly reduced the fine amount. The judgment affirms that courts may exercise discretion to reduce sentences for elderly first-time offenders when the ends of justice are satisfied by the time already served.
- Can an appellate court reduce a sentence to the period already undergone for a narcotics conviction?
- Does the advanced age of a convict justify a reduction in the sentence imposed for drug possession?
- Is a sentence of imprisonment for a narcotics offense subject to reduction if the convict is a first-time offender?
- Section 9(c), Control of Narcotic Substances Act 1997
1. ABDUL RASOOL MEMON, J.- Appellant Mst. Shabiran Pathan was found guilty of possessing 8 kilograms of charas and vide judgment dated 21.09.2011, passed in Special Case No.19/2010, arising out of Crime No.02/2010 of Police Station Railway, Larkana, under Section 9(c) of the Control of Narcotic Substances Act, 1997, she was convicted by the learned Sessions cum Special Judge for the Control of Narcotic Substances, Larkana, and sentenced to undergo imprisonment for 8 years and to pay fine of Rs.100,000/- and in default of payment of fine to undergo simple imprisonment for one year more.
2. 2/- Briefly, the facts are that on 23.1.2010, at about 9.45 p.m., at Platform No.2, near Over Head Bridge, Larkana Railway Station, ASI Anwar Ali of Police Station Railway, Larkana, while performing duty at Railway Platform, on a tip-off, arrested the appellant Mst. Shabiran Pathan from the floor of Bogy No.1 of Khushhal Khan Khattak Train, and in presence of mashirs HC Muhammad Umar and PC Pervez Ali recovered 8 kilograms of charas from the possession of the appellant travelling in the train.
3. 3/- The learned trial Court, on the basis of evidence of complainant ASI Anwar Ali, mashir HC Muhammad Umar and Muhammad Hashim, the then SHO PS Railway, Larkana, found the appellant guilty and sentenced her as above.
4. 4/- Learned Counsel for the appellant at the very outset submits that the appellant would not press the appeal in case this Court while maintaining the conviction reduce the sentence to one already undergone.
5. 5/- The learned State Counsel keeping in view the fact that the appellant being an old aged woman, has served out sufficient imprisonment; hence he concedes the request made by learned Counsel for the appellant.
6. 6/- According to the jail roll of the appellant dated 09.6.2012, she has remained in custody for a period of 05 years, 10 months and 3 days including remissions. In a case reported as Niazuddin's v.
7. The State, 2007 SCM R 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.
8. Needless to mention that heroin is more dangerous and hazardous than the Charas.
9. 7/- In our opinion, the appellant has suffered adequate punishment and ends of justice have been satisfied. Moreover, the appellant is a woman of advanced age being 60/65 years old and first offender. Accordingly, the appeal against conviction is dismissed as not pressed and the sentence awarded to the appellant is altered into the imprisonment which she has already undergone and further reduce the amount of fine to the extent of Rs.5000/- (five thousand). In case of non- payment of the fine, the appellant shall undergo S.I. for 07 days more.