2010 PLP 3240 (YLR)
RAEES KHAN JADON — Appellant Versus THE STATE — Respondent
| Citation | 2010 PLP 3240 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Amir Hani Muslim and Syed Zakir Hussain, JJ |
| Parties | RAEES KHAN JADON — Appellant Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2010 PLP 3240 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 3240 (YLR)?
The case was heard and decided by the Karachi bench comprising: Amir Hani Muslim and Syed Zakir Hussain, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 3240 (YLR) (RAEES KHAN JADON — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Judgment & Decree
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, Central 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. H.B.T./R-22/K Sentence reduced.