1. ' MUHAMMAD MUJEEBULLAH SIDDIQUI, J.---This jail appeal is directed against the judgment dated 23-2-2006 passed by learned Sessions Judge and Special Court for C.N.S. Jacobabad in C.N.S. Case No,11 of 2005 Crime No,18 of 2005, Police Station Railway Jacobabad.
2. ' The learned State counsel has raised objection to the maintainability of appeal on the ground that it is barred by time. Since it is a jail appeal and the appellant has no legal assistance, therefore, keeping in view the consistent treatment in such cases the delay in filing the appeal is condoned.
3. ' The appellant has been convicted for the offence punishable under section 9(b) of the Control of Narcotic Substances Act, 1997 and has been sentenced to suffer R.I. For three years and to pay fine of Rs,10,000. In default whereof he has to suffer simple imprisonment for six months more. The benefit of section 382-B, Cr.P.C. Has been extended to the appellant.
4. ' We have heard the appellant who has been produced from Central Jail Larkana and Mr. Muhammad Ismail Bhutto, the State Counsel.
5. ' The appellant has stated that he is a disabled person as his lower right leg has been amputated.
6. His father has died and, therefore, he is surviving on begging. He is resident of District Sheikhupura, Punjab and had come to visit his uncle at Jacobabad who resides near railway station. Police caught hold of him and implicated in this false case.
7. ' The learned State counsel has supported the impugned judgment and sentence.
8. We have considered the contentions raised by the appellant and the learned State counsel. We have found that the appellant is a physically disabled person and his right leg is cut. Looking to the condition of the appellant and taking into consideration the fact that he is a beggar and not a person who is involved in corrupting the society by the supply of narcotic substances and in all probability he must be user of the drug as normally the beggars have become, and thus would be a victim himself. Such persons need sympathetic treatment because there are no social services in the country either in the public sector or private sector for the rehabilitation of such persons who are passing a miserable life. The society at large is responsible for the fate of such persons. They should not be treated as criminals. The actual criminals are those who are benefiting from the supply and spreading of the narcotic substances and are leading fabulous life and are treated as respectable persons in the society.
9. ' Taking a lenient view the sentence is reduced from three years to one year and fine is reduced to Rs,1,000 in default whereof he shall suffer simple imprisonment for 15 days.
10. ' The appeal is partly allowed to the above extent.
11. ' The appellant is remanded back in custody to serve out his remaining sentence.