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ABDUL SATTAR PATHAN vs State S — 2023 MLD 875 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 MLD 875 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
MLD
Parties
ABDUL SATTAR PATHAN 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

ABDUL SATTAR PATHAN VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Sentence, reduction in---Prosecution case was that ten kilograms opium and ten kilograms charas were recovered from the truck driven by accused, which was to be delivered to the co-accused---Prosecution witnesses had constituted an uninterrupted chain of facts ranging from seizure to forensic analysis of the contraband---Witnesses were in comfortable unison on all the salient features regarding interception of the huge quantity of Chars and Opium as well as all the steps taken subsequently---Whole case property was sealed and sent to the Chemical Examiner, which was found being exercise more than sufficient to constitute forensic proof---At the time of arrest, accused was driving the truck from wherein he produced the two bags containing the contraband, therefore he was responsible for the said narcotics---Report of Chemical Examiner fully corroborated the evidence of both the witnesses, whose stand was in nexus with the Chemical Examiner's Report---Trial Court had already acquitted the co-accused while extending benefit of doubt on the basis of same set of evidence through impugned judgment---Record showed that the accused was a first offender and did not have previous criminal record---Accused was the sole bread earner of a huge family and was of old age and his conduct in jail had also been satisfactory as per jail authorities--- Lesser punishment would be sufficient for a first-offender---Moreover, the accused appeared to be remorseful of his past and had shown willingness for improvement---Court at its discretion could divert from the norms and standards prescribed in terms of sentencing after assigning cogent reasons; hence, the sentences of the accused were reduced from twelve years and six month to one already undergone by him---Appeal was dismissed with said modification.

Other judgments reported in 2023 MLD

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