ORDER Through this Criminal Appeal the appellant has impugned the judgment, dated 20-1-2010 passed by the learned Special Judge (C.N.S.), Court-I, Karachi, in Special Case No.162 of 2008, culminating from F.I.R. No. 118 of 2008 under section 9(c) C.N.A. Act, 1997 of Police Station ANF, Clifton, Karachi, whereby he has been convicted to suffer R.I. For five (5) years and pay fine of Rs.30,000 and in default of payment of fine to further undergo S.I. For two (02) months.
2. The learned counsel for the appellant does not press the appeal on merits and pray that the impugned sentence and fine be reduced to that of already undergone by the appellant. The learned Special Prosecutor, ANF, opposes the Appeal on the ground that capsules containing heroin power weighing 1005 grams were recovered from the appellant and the trial Court has already taken a lenient view while awarding sentence to him.
3. We have heard the learned counsel for the appellant and the learned Special Prosecutor ANF.
According to the Jail Roll dated 24-5-2010 submitted by the Superintendent, Central Prison, Karachi, the appellant was remanded to Central Prison on 18-11-2008 and out of total sentence of five (5) years and two (2) months, including fine, the appellant upto 24-5-2010 has served out sentence of three (3) years, seven (7), months and twelve (12) days, which includes remissions of two (2) years and one (1) month and six (6) days. However, the unexpired portion of sentence of the appellant comes to one (1) year, six (06) months and eighteen (18) days.
4. The appellant is first offender and claims to be the sole bread-earners of his family. Out of the total ...Sentence of five (5) years and two (2) months awarded to the appellant, he has served out sentence of three years (3) years and seven (7) months and twelve (12) days, including remissions.
In the given circumstances, we are of the view that ends of justice have met. We accordingly, dismiss this Criminal Appeal and modify the sentence of R.I. For five (5) years and fine of Rs.30,000 to that of already undergone by the appellant. The appellant shall be released forthwith if not required in any other case. The office is directed to issue the release writ today.