GHULAM HUSSAIN Versus State
This criminal appeal challenges the conviction and sentence imposed by the Special Court, Control of Narcotic Substances Act, Khushab, in a case registered under Section 9(c) of the Control of Narcotic Substances Act, 1997. The appellant, convicted and sentenced to ten years' rigorous imprisonment and a fine, did not contest the conviction on merits. Instead, the appeal focused solely on the appellant's physical condition, citing medical reports indicating he was an elderly person aged between 70 and 80 years, suffering from involuntary tremors, unstable gait, hypertension, and weak eyesight. The core legal question was whether the appellant's advanced age and deteriorating health justified a reduction in his sentence. The Court, upon reviewing the medical evidence confirming the appellant's frail state, held that the ends of justice would be met by reducing the sentence to the period already undergone. Consequently, the Court reduced the sentence to the time served, remitted the fine, and ordered the immediate release of the appellant, provided he was not required in any other legal proceedings.
- Can a sentence be reduced based on the advanced age and poor health of the convict?
- Is it permissible for an appellate court to reduce a sentence to the period already undergone in light of medical evidence?
- Section 9(c), Control of Narcotic Substances Act 1997
SH. ABDUL RASHID, J .---The appellant was tried in case F.I.R. No.142, dated 12-6-2001 under section 9(c) of the Control of Narcotic Substances Act, 1997 registered at Police Station Gunjial District Khushab by the learned Sessions Judge/Special Court C.N.S.A., Khushab and was convicted vide judgment, dated 4-1-2002 and sentenced to undergo ten years' R.I. and a fine of Rs.10,000 in default in payment of fine to further undergo R.I. for six months. Aggrieved by this judgment-conviction the appellant has filed this Criminal Appeal No.36 of 2002.
2. The learned counsel for the appellant does not want to press this appeal on merits but only contends that the appellant as per report of the Medical Officer, dated 13-11-2002 is an old man of 70 to 80 years of age and is a sick person who cannot even walk properly and suffers from many ailments and in view of the said state of health he only prays for reduction in his sentence.
3. During the course of proceedings of this appeal the appellant who is lodged in District Jail Mianwali was got medically examined and the Medical Officer, Central Jail Mianwali sent his report, dated 13-11-2002 to the effect that the appellant is an old person of about 70/80 years of age and was suffering from continuous involuneier tremors of whole head (Head shaking) and both hands, with unstable gait and that he was hypertensive with weak sights of his both eyes. Thus the appellant is an extremely sick and old person.
4. In view of the peculiar circumstances of this case we find that the sentence already undergone by the appellant will meet the ends of justice. The appellant's sentence is reduced to the period which he has already served out. His sentence of fine is also remitted. The appellant shall be released from the jail forthwith, if not required in any other case.
N.H.Q./G-41/L Order accordingly.