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Official Citation: 2024 SHC 880
Court / Jurisdiction: Sindh High Court
Year of Decision: 2024
Decision Date: 2024-08-22
Parties: The State vs Faqir Hussain
Ruling Summary: This decision was rendered by the Sindh High Court on 2024-08-22, officially reported as 2024 SHC 880. In this matter between The State and Faqir Hussain, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2024SHC880
Court Name: Sindh High Court Judge(s): Naimatullah Phulpoto, Irshad Ali Shah Title: The State vs Faqir Hussain Case No.: Criminal Revision Application No.142 of 2012 Date of Judgment:2024-08-22 Reported As: 2024 SHC 880, 2025 PCRLJ 913 Result: Application Disposed of
Judgment
JUDGM ENT IRSHAD ALI SHAH, J. The facts, in brief, necessary for the disposal of the instant Revision Application are that the private respondent with one more culprit was found possessing/transporting 65 kg. of Charas through his car, for which the present case was registered by ANF police. At the subsequent stage of the trial, the private respondent by making an application accepted his guilt; it was considered his plea to the guilt and then was convicted for the said offence and sentenced to undergo RI for 05 years with the benefit of Section 382(b) Cr.PC without imposing a fine upon him which was mandatory by learned Special Judge CNS-1 Karachi vide judgment dated 16.01.2012, which is impugned by the State/ANF before this Court by preferring the instant Revision Application for awarding the adequate sentence to the private respondent. 2. Heard arguments and perused the record. 3. The plea of the guilt of an accused could be recorded once that too soon after framing of the charge. There is nothing in law or procedure which may permit the Courts to accept the plea of the guilt of an accused at subsequent stage of trial by making an application. Admittedly, the Narcotic Substance recovered in the present case was more than 10 k.g, therefore, as per law it was entailing the punishment of death/imprisonment for life and fine. The imprisonment of five years to the private respondent based on his so-called plea of guilt was not the legal sentence to be sustained. Consequently, the impugned judgment being illegal patently is set aside with a direction to the learned trial Court to proceed with the case further against the private respondent per law and then to make its disposal preferably within three months after receipt of a copy of this judgment.
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4. Since the case is old of 19 years of age, therefore, it would be unjustified to take the private respondent in custody. He is allowed to continue with the bail which was granted to him by this Court subject to furnishing a fresh surety in the sum of Rs.200000/- and PR bond in the like amount to the satisfaction of the learned trial Court on 29.08.2024 at about 09:00 a.m. positively. 5. Instant Crl. Revision Application is disposed of accordingly.