The State vs Faqir Hussain
This criminal revision application was filed by the State through ANF against the judgment dated 16.01.2012 passed by the learned Special Judge CNS-1 Karachi, whereby the private respondent was convicted on a so-called plea of guilt made through a subsequent application during trial and sentenced to rigorous imprisonment for five years without imposing a mandatory fine, for possessing and transporting 65 kg of Charas. The core legal question was whether an accused can plead guilty at a subsequent stage of trial via an application and whether the imposed sentence was lawful. The Sindh High Court held that the law does not permit accepting a plea of guilt at a subsequent stage of the trial, and since the recovered narcotic substance exceeded 10 kg, it entailed a much harsher punishment under the law. Consequently, the High Court set aside the impugned judgment, directed the trial court to proceed with the case per law, and allowed the respondent to remain on bail subject to fresh surety.
- Can a trial court accept the plea of guilt of an accused made through an application at a subsequent stage of the trial?
- Does the recovery of narcotic substances exceeding 10 kg entail a mandatory sentence of death or imprisonment for life and fine?
- Whether an appellate or revisional court can set aside a patently illegal sentence and remand the matter for fresh disposal?
- Section 382(b), Code of Criminal Procedure 1898
JUDGM ENT
IRSHAD ALI SHAH, J. The facts, in brief, necessary for the disposal of the instant Revision Application are that the private respondent with one more culprit was found possessing/transporting 65 kg. of Charas through his car, for which the present case was registered by ANF police. At the subsequent stage of the trial, the private respondent by making an application accepted his guilt; it was considered his plea to the guilt and then was convicted for the said offence and sentenced to undergo RI for 05 years with the benefit of Section 382(b) Cr.PC without imposing a fine upon him which was mandatory by learned Special Judge CNS-1 Karachi vide judgment dated 16.01.2012, which is impugned by the State/ANF before this Court by preferring the instant Revision Application for awarding the adequate sentence to the private respondent.
2. Heard arguments and perused the record.
3. The plea of the guilt of an accused could be recorded once that too soon after framing of the charge. There is nothing in law or procedure which may permit the Courts to accept the plea of the guilt of an accused at subsequent stage of trial by making an application. Admittedly, the Narcotic Substance recovered in the present case was more than 10 k.g, therefore, as per law it was entailing the punishment of death/imprisonment for life and fine. The imprisonment of five years to the private respondent based on his so-called plea of guilt was not the legal sentence to be sustained. Consequently, the impugned judgment being illegal patently is set aside with a direction to the learned trial Court to proceed with the case further against the private respondent per law and then to make its disposal preferably within three months after receipt of a copy of this judgment.
4. Since the case is old of 19 years of age, therefore, it would be unjustified to take the private respondent in custody. He is allowed to continue with the bail which was granted to him by this Court subject to furnishing a fresh surety in the sum of Rs.200000/- and PR bond in the like amount to the satisfaction of the learned trial Court on 29.08.2024 at about 09:00 a.m. positively.
5. Instant Crl. Revision Application is disposed of accordingly.