ORDER: G. H. MALIK, J.--1. The brief facts of the case are that on the 13th May, 1992 the appellant was to leave for Nairobi by Flight No, GF-733 from Karachi Airport when she was arrested and 1.5 Kg. of Heroin Powder was recovered from her possession. Notice under section 171 of the Customs Act was served upon her and then she was charged with an offence under section 156 of the Customs Act.
The appellant pleaded guilty and was convicted and sentenced on the 16th May, 1993 to imprisonment for 18 months and a fine of Rs, 50,000 in default of payment of which she was to undergo further imprisonment of four months.
2. At the trial the appellant pleaded for leniency in sentence on the ground that she was facing great hardship in bringing up twin children born to her during her detention in Central Jail, Karachi.
She had pleaded that at times it was impossible for her to procure milk or any other liquid diet for the children and that the atmosphere in the jail was not conducive for bringing up the children. This plea was taken into account by the learned trial Judge in awarding the sentence.
3. The appellant has filed this appeal challenging the sentence and praying that the remaining sentence may now be remitted. It is submitted that the sentence of 18 months awarded to the appellant has now been completed after taking into account the period spent by her in detention since her arrest and the period of remission granted to her by Jail Authorities. The appellant however, cannot be freed because she is not able to pay the sentence of Rs, 50,000. Mr. Rana Shamim, the learned counsel for the appellant, submits that the appellant is a foreigner and has no relatives or friends in this country and is not in a position to pay any fine. He submits further that the appellant having voluntarily confessed her crime and having been granted full remission by jail Authorities for good conduct, and in view of the fact that any further detention of the appellant in jail on account of her A inability to pay the fine would only result in unpleasant consequences for the innocent children who were born during her detention. It is just and proper that the sentence of fine be remitted and the appellant be directed to be freed. Mr. Farrukh Zia Shaikh, the learned counsel for the State, says that in view of the circumstances and on humanitarian ground he does not oppose the appeal.
4. In the circumstances, I am satisfied that, in the facts and circumstances of the case, it is just and proper that sentence of fine be remitted and that the appellant be released from jail if her period of imprisonment has been completed after taking into account the period spent by her in detention since her arrest and the period of remission granted to her by jail Authorities. The sentence of fine is, therefore, hereby remitted. The appellant shall be set at liberty, if not required in any other case, if she has completed her sentence of imprisonment as stated above.