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Petitioner: GHULAM HUSSAIN VS Respondent: StateHonorable Justice SH. ABDUL RASHIDCh. Nawab Ali Mayo
2008 M L D 925
2008 M L D 925
[Lahore]
Before Sh. Abdul Rashid and M. Bilal Khan, JJ
GHULAM HUSSAIN---Appellant
Versus
THE STATE---Respondent
Criminal Appeal No.36 of 2002, heard on 22nd January, 2004.
Control of Narcotic Substances Act (XXV of 1997)---
----S.9(c)---Reduction 'in sentence due to sickness and old age---Appeal was not pressed on merits and only reduction in sentence was sought---Accused, according to the report of Jail Medical Officer, was 70/80 years old and was suffering from involuneier continuous tremors of whole head and both hands with unstable gait and he was hypertensive with weak sight of his both eyes---Accused, thus was an extremely sick and old person---Conviction of accused was consequently maintained, but his sentence of ten years' R.I. was reduced to the imprisonment already undergone by him in circumstances---Sentence of fine of accused was also remitted.
Ch. Nawab Ali Mayo for Appellant.
Abdur Rehman for the State.
Date of hearing: 22nd January, 2004.
JUDGMENT
SH. ABDUL RASHID, J.---The appellant was tried in case F.I.R. No.142, dated 12-6-2001 under section 9(c) of the Control of Narcotic Substances Act, 1997 registered at Police Station Gunjial District Khushab by the learned Sessions Judge/Special Court C.N.S.A., Khushab and was convicted vide judgment, dated 4-1-2002 and sentenced to undergo ten years' R.I. and a fine of Rs.10,000 in default in payment of fine to further undergo R.I. for six months. Aggrieved by this judgment-conviction the appellant has filed this Criminal Appeal No.36 of 2002.
2. The learned counsel for the appellant does not want to press this appeal on merits but only contends that the appellant as per report of the Medical Officer, dated 13-11-2002 is an old man of 70 to 80 years of age and is a sick person who cannot even walk properly and suffers from many ailments and in view of the said state of health he only prays for reduction in his sentence.
3. During the course of proceedings of this appeal the appellant who is lodged in District Jail Mianwali was got medically examined and the Medical Officer, Central Jail Mianwali sent his report, dated 13-11-2002 to the effect that the appellant is an old person of about 70/80 years of age and was suffering from continuous involuneier tremors of whole head (Head shaking) and both hands, with unstable gait and that he was hypertensive with weak sights of his both eyes. Thus the appellant is an extremely sick and old person.
4. In view of the peculiar circumstances of this case we find that the sentence already undergone by the appellant will meet the ends of justice. The appellant's sentence is reduced to the period which he has already served out. His sentence of fine is also remitted. The appellant shall be released from the jail forthwith, if not required in any other case.
N.H.Q./G-41/L Order accordingly.