Citation Name: 2025 MLD 1019 KARACHI-HIGH-COURT-SINDHBookmark this Case Jeendal Shah vs State Ss — 2025 MLD 1019 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 MLD 1019 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: MLD
Parties: Citation Name: 2025 MLD 1019 KARACHI-HIGH-COURT-SINDHBookmark this Case Jeendal Shah vs State Ss
Subject matter: Criminal
Provisions referred to: S. 9; S. 408; S. 410; S. 412; Narcotic Substances Act (XXV of 1997)

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

Citation Name: 2025 MLD 1019 KARACHI-HIGH-COURT-SINDHBookmark this Case Jeendal Shah VS State Ss. 408, 410 & 412---Control of Narcotic Substances Act (XXV of 1997) [as amended by Control of Narcotic Substances (Amendment) Act (XX of 2022)], S. 9(1)(3)(a)---Possession of narcotic substance---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Prosecution case was that 215-grams charas was recovered from the possession of applicant---Applicant (convict) had not disputed the extent and legality of his sentence of simple imprisonment and quantum of fine---In such circumstances, the applicant was barred from challenging his conviction by way of appeal under S.408, Cr.P.C before the Sessions Court and also barred from challenging the same under S.410, Cr.P.C, before the High Court---Applicant could not be allowed approbate and reprobate in same breath as once he had admitted his guilt voluntarily by putting himself at the mercy of Court, subsequently he was precluded to dispute the conviction and he would be bound by his free stance before the Trial Court---Therefore, the applicant had no vested right to challenge the sentence as illegal or improper by filing an appeal in terms of S.408, Cr.P.C and the appeal was overtly barred under S.412, Cr.P.C---However, sentence was reduced to one as already undergone while looking to the mitigating factors that the applicant was first offender and he was the only breadwinner of his family---Revision petition was dismissed with modification in sentence.

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