Criminal Appeal 164/2024 (D.B.) Sindh High Court, Karachi

Sindh High Court · 2025 · Before Zafar Ahmed Rajput

Both the captioned Crl. Appeals are directed against the Judgment, dated 15.02.2024, passed in Special Case No. 574 of 2022, arising out of Crime/F.I.R. No. 110 of 2022, registered at P.S. Gulberg, District Central, Karachi under section 6/9 (c) of the Control of Narcotics Substances Act, 1997 (“Act 1997”), whereby the Court of Special Judge, Narcotics/Addl. Sessions Judge-VII/M.C.T.C-2, Karachi- Central (“Trial Court”) convicted the appellants Muhammad Akber @ Giran s/o Haji Jamal and Abdul Rehman @ Ismail s/o Abdullah for aforesaid offence and sentenced them to suffer R.I. for 14 years and to pay Rs.300,000/-, each, and in default thereof, they should suffer S.I. for eight (8) month more.

2. As per prosecution case, on 20.03.2022 at 0030 hrs., a police party headed by SIP Saleem Siddiqui of P.S. Gulberg, Karachi-Central, on a tip Page 2 of 4 off, stopped a Hino truck bearing registration No. TKV-504 near APWA College Karimabad, F.B. Area, Karachi-Central and recovered from back side of the driver seat a polythene bag containing eight packets of charas, total weight 9630 grams; for that appellants Muhammad Akber (driver) and Abdul Rehan (seated on front side) were booked in the aforesaid Crime/F.I.R. After a full-fledged trial, they were convicted and sentenced by the Trial Court vide impugned Judgment.

3. At the very outset, learned counsel for the appellants contend that under instructions they do not press these Appeals on merit, however, they seek reduction of sentence awarded to appellants on the ground that they are not previously convicted of any offence and they are the only bread earners for their families.

4. Learned Addl. P.G. while conceding to the fact that there is no criminal record of the appellants, does not oppose the proposition of learned counsel for the appellants.

5. We have heard the learned counsel for the appellants as well as learned Addl. P. G. and perused the material available on the record with their assistance.

6. It may be observed that by virtue of Control of Narcotics Substance (Sindh Amendment) Act, 2021 (“Act of 2021”) (promulgated on 4th February 2021), inter alia, clause (s) of section 2 and 9 of the Act of 1997 have been amended, as under: -

2. In the Control of Narcotics Substances Act, 1997, herein after referred to as the said Act, in its application to the Province of Sindh, in section 2 – (i)………………………… Page 3 of 4 (ii)………………………... (iii)………………………. (iv) for clause (s), the following shall be substituted: - “(s) “narcotic drug” means- (i) Category (i) coca leaf, cannabis and poppy straw; (ii) Category (ii) cocaine, heroin, methamphetamine, midomafetamine and all manufactured drugs or any other substance, which Government of Sindh may, by notification in the official gazette, declare to be narcotic drug for the purpose of this Act; 3. ……………………..

4. In the said Act, for section 9, the following shall be substituted: - “9. Punishment for contravention of section 6, 6-A, 7 and

8. Whoever contravenes the provisions of sections 6, 6-A, 7 and 8 shall be punished with-- (a) imprisonment which may extend to three years but shall not be less than six months, or with fine upto rupees one lac but shall not be less than…

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