The State/Anti Narcotics Force (ANF) through Assistant Director (Law) Versus Faqir Hussain
This revision application was filed by the State through the Anti Narcotics Force (ANF) against the judgment dated 16.01.2012 passed by the Special Judge CNS-1 Karachi, whereby the private respondent was convicted on a subsequent application pleading guilty and sentenced to five years rigorous imprisonment without any mandatory fine for transporting 65 kg of Charas. The core legal question was whether a trial court can accept an accused's plea of guilt at a subsequent stage of the trial through an application, and whether the imposed sentence without a mandatory fine was legally sustainable. The Sindh High Court held that a plea of guilt can only be recorded soon after framing the charge, and the sentence of five years without a mandatory fine for narcotics exceeding 10 kg was patently illegal. The 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 furnishing fresh surety.
- At what stage of a trial can the plea of guilt of an accused be legally recorded?
- Whether a trial court can accept an accused's plea of guilt at a subsequent stage of the trial by way of an application?
- Is a sentence of five years imprisonment without a mandatory fine sustainable for the possession of narcotics exceeding 10 kg?
- Section 382(b), Code of Criminal Procedure 1898
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.P.C 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.
SA/S-51/Sindh Order accordingly.