' NISAR MUHAMMAD SHAIKH, J.---This Appeal is directed against the Judgment dated 26-11-2007 passed by learned Judge, Special Court-II, CNS, Karachi in Special Case No,182 of 2004 (Old No,163 of 2002) arising out of Crimes Nos.16 and 17 of 2002 of Police Station ANF, Clifton, Karachi, whereby the appellant Mst. Khalida Akram was convicted under section 9(c) CNS Act, 1997 and sentenced to life imprisonment and fine of Rs,300,000 and in default of payment of such fine, to suffer. S.I. For 3 years more. Benefit of section 382-B, Cr.P.C. Was extended to her.
2. Brief facts of the case are that on 16-4-2002 at 11-00 p.m. The Inspector Ghulam Abbas, S.H.O., Police Station ANF, Clifton, Karachi, together with his subordinate staff left PS ANF Clifton for patrolling and when they reached near Chamra Chowrangi, Korangi Industrial Area, he received spy information that a Suzuki Pickup No,KE-8145 with huge quantity of narcotics, is standing at Chamra Chowrangi and a lady Khalida and a man Haji Muhammad Akram are sitting on it and are waiting for some person. The police party then saw a person who alighted from such Suzuki and entered into an street and he was identified by PC Siraj Khan to be accused Haji Muhammad Akram. The lady who was sitting in the Suzuki, was then apprehended at about 1-00 a.m. (17-4- 2002) in presence of Mashirs PC Siraj. Khan and PS Rahim Bux. On enquiry she disclosed her name as Khalida wife of Muhammad Akram, resident of 62-C, Sector 35/A, Zaman Town, Gulshan-e-Hali, Korangi No,4. On search of vehicle, 02 cartons were found loaded on its back side. On checking of cartons, 40 slippers of Charas were found containing in each carton and thus total 80 slippers were weighed as 85 kilos and 600 grams. Each slipper of charas was of 1.70 kilograms Then 50 grams of charas from each carton was separated and sealed for chemical examination. The remaining charas was sealed in 02 cartons. On further search of vehicle the documents of vehicle in the name of one Ahmed Dashti were secured from the dashboard. On interrogation conducted at the spot, the accused Khalida disclosed that the person who has left this vehicle for some time, is her husband Haji Muhammad Akram and he is doing narcotic business. She also told that further narcotic is available at their house and the same was got kept there by Sher Dil Khan, Mumtaz, Abdullah and Haji Iqbal and at their instance such charas was being supplied to the parties through them. Such Mashirnama of arrest and recovery was prepared at the spot. Thereafter, the ANF police party on the pointation of the arrested accused Mst. Khalida, reached at her house at about 3-30 p.m. She opened the lock of her house and entered into the godown of her house where 134 cartons of charas were pointed out by her to the ANF. There were 40 slippers of charas in each carton and thus total slippers were 5360. Besides, 04 other slippers of charas were also found on the floor. The total recovered charas was weighed and the same was 5735 kilos and 200 grams. 50 grams of charas was separated from each carton and total 134 samples were sealed for chemical examination while the remaining charas was separately sealed in the cartons. On further search of the house, 28 bottles of foreign whisky were also secured from the room of accused Mst. Khalida and Haji Muhammad Akram. Thereafter, a pistol of .30 bore together with a magazine loaded with 02 rounds was also secured from an Almirah. Accused Mst. Khalida disclosed that this pistol belongs to her husband and the same is without licence. One bottle of recovered whisky, was also separated for chemical examination. Such mashirnama of arrest and recovery was .Prepared in presence of the Mashirs AD Mehmood Baid and PC Siraj Khan. Thereafter, such two F.I.Rs, Nos.16 of 2002 and 17 of 2002 in respect of separate recoveries were registered by Inspector Ghulam Abbas at Police Station ANF, Clifton, on 17-4-2002 at 4-00 p.m.
3. During investigation, the police also arrested co-accused Haji. Muhammad Akram on 26-4-2002 and then accused Mst. Khalida and Haji Muhammad Akram were challaned in the above two cases showing the remaining 7 co-accused as absconders. However, the trial Court vides its order dated 21-7-2004 ordered under section 235/239, Cr.P.C. For joint trial of these two cases.
Subsequently, arrested accused Haji Muhammad Akram absconded away therefore he as well as other absconding co-accused were declared absconders and proclaimed offenders and were ordered to be proceeded against under section 512 Cr .P.0 .
4. During trial the charge Exh. 15 was framed by the trial Court against accused Mst. Khalida on 6- 10-2006 for the offence under section 9(c) CNS Act, 1997, to which she pleaded not guilty. The prosecution then examined P.W.1 complainant Ghulam Abbas S.H.O. Of Police Station ANF, Clifton, P.W.2 Mashir Mehmood Baig Assistant Director ANF headquarters, P.W.3 Mashir Muhammad Hassan HC ANF, Clifton and PW-4 Mashir Shiraz Khan PC ANF, Clifton, at Exhs. 17, 19, 20 and 21 respectively.
They also produced the relevant documents including the F.I.Rs, Nos.16 and 17 of 2002, Memos of arrest and recoveries, reports of chemical examiner, etc. During their evidence. The statement under section 342, Cr.P.C. Of the accused Mst. Khalida was recorded on 3-11-2007 as Exh. 24 and she denied the allegations but she did not record her statement on Oath nor examined any witness in her defence. After hearing the parties, the trial Court awarded conviction and sentence to the accused/appellant Mst. Khalida as mentioned above and the same has been assailed by way of this appeal.
5. We have heard Mr. Kashif Hanif learned advocate for the appellant, Syed Ashfaq Hussain Rizvi, learned Special Prosecutor ANF for the respondent and also perused relevant material available on record.
6. Learned counsel for the appellant contended that although there was no incriminating role of the lady appellant in commission of the crime in question and she was a victim of circumstances, yet she was convicted and sentenced with severe punishment therefore, she filed this Jail Appeal through Jail Superintendent which is actually a mercy petition, therefore, the same may be taken into consideration for awarding lesser punishment while reducing the sentence awarded to the appellant.
' A perusal of the grounds of the appeal shows that the appellant had submitted that she is filing appeal against her sentence praying for setting aside the judgment and also reducing her sentence and fine as she is in continuous detention in Women Prison since 17-4-2002 and there is no complaint against her conduct and that she being a first offender is never involved in any crime previously and all P. Ws. Have admitted that only this case is registered against her: She further stated that she is a poor lady and domestic servant having 7 children from her previous husband but it is her bad luck that she was married with co-accused Haji Muhammad Akram on 4-6-2001, only 10 months before this incident. She also submitted that the co-accused Haji Muhammad Akram was arrested on 26-4-2002 but be then absconded away and never contacted her as he is residing with his first wife therefore she (appellant) is facing hardships since 17-4-2002. She further submitted that alleged recovery was made out from the house. Of Haji Muhammad Akram and not from her house and this fact is also admitted that all the properties with documents are in the name of Haji Akram and his first wife Mst. Arifa and that no recovery was effected from her exclusive possession. She also submitted that she is an old lady of 59 years and she is a patient of cardiac and high blood pressure. She lastly submitted that she is a poor lady having no friend or relative and even she has no money for engaging an advocate therefore, she throws herself at the mercy of this Court praying for leniency on humanitarian and compassionate ground.
8. On the other hand, learned Special Prosecutor ANF appearing for the respondent contended that the case against the accused/appellant was established before the trial Court and therefore, he supports the judgment passed by the trial Court and requests for dismissal of the present appeal.
9. In support of the submissions made by learned counsel for the appellant for reduction of sentence, he also placed reliance on the cases reported as 2007 SCM R 1591, 2010 YLR 97, 2010 M LD 71, 2009 YLR 640: PLD 2009 Peshawar 39, 2009 PCr.LJ 403, 2008 YLR 2198, 2007 YLR 269 and 2005 PCr.LJ 1966. Out of -these reported cases, it appears that the honourable apex Court in the case of Mst. Taj"Bibi v. The State (2007 SCM R 1591), a Division Bench of Lahore High Court in the case of Mst.
Shah Tareena v. The State (2007 YLR 269) and a Division Bench of Peshawar High Court in the case of Mst. Nawshada and another v. The State (2005 PCr.LJ 1966) had considered the appeals of lady appellants and reduced their sentences in the cases under section 9(c) CNS Act as they were females/women as well as first offenders.
10. Since the appellant is an old lady and has continuously remained in custody since the day of her arrest effected on 17-4-2002 and she is also a first offender therefore, considering the submissions made in her appeal filed in the shape of mercy petition furnishing mitigating circumstances, we find that she deserves leniency and accordingly, while maintaining her conviction, we reduce her sentence from life imprisonment to 10 years R.I. And the fine from Rs,300,000 to Rs,100,000 and in default of its payment, she will suffer S.I. For one year, instead of three years. The benefit 'of section 382-B, Cr.P.C. Already extended to her shall be available to her.
The present Appeal of the appellant is, therefore, dismissed with the above modification in her sentence.