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SANOWAR ABBAS alias MUNAWAR ABBAS vs State S — 2022 YLRN 153 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 153 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
SANOWAR ABBAS alias MUNAWAR ABBAS vs State S
Subject matter
Criminal
Provisions referred to
S. 9

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SANOWAR ABBAS alias MUNAWAR ABBAS VS State S. 9(c)--- Possession of narcotics---Appreciation of evidence--- Sentence, modification of---Prosecution case was that 1.0151 kilogram of heroin was recovered from the possession of the accused---Evidence of three prosecution witnesses was found to be reliable, trustworthy and confidence inspiring who arrested the accused on spot red handed with narcotic which led to a positive report after being kept in safe custody, as such, it was found that the prosecution had proved its case against the accused beyond a reasonable doubt---Trial Court had passed down the proper sentence with and conviction to the accused in accordance with the sentencing guidelines laid down by the superior Court based on the fact that the recovery was more than 01 kg of heroin but was less than 02 kgs---Sentencing guideline could be modified at the discretion of the Court provided that there were some special features which warranted such reduction in sentence---In the present case, numerous special features /mitigating factors were found which could justify a reduction in sentence which were; that the amount of recovered heroin was 1.015 kgs which was only marginally above the sentencing range---Accused was a first time offender---Accused was relatively young man and was capable of reformation---Accused was the sole breadwinner of his family, who relied on his income---Accused had fully accepted his guilt and as such had shown genuine remorse---Based on the said special features/mitigating factors, while maintaining the conviction of the accused, however, his sentence was reduced to three years and three months from six years and six months---Appeal was dismissed with said modification in sentence.

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