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Special Criminal Appeal No. 5 of 1986, decided on 4th May 1986.
‑‑‑S. 156(1)(8)‑‑Plea of guilt‑‑Quantum of sentence‑‑Accused, foreigner and student‑‑Offence committed first time‑‑Accused very much repentant‑‑Only 360 grams of Heroin recovered from him‑‑Sentence of 1 years' imprisonment reduced to six months in circumstances.
S. M. Sayedin Zaidi for Appellant.
Nemo for the State.
Date of hearing: 4th May, 1986.
Appellant Charles Alber is a foreigner and comes from Tanzania. His Passport No. is 160897. He has been convicted by learned Special Judge (Customs and Taxation) Karachi vide judgment, dated 16‑1‑1986 for offence under section 156(1)(8) of the Customs Act, 1969 and is sentenced to R.I. for 1 years and a fine of Rs.30,000 and in default of the payment whereof he is further sentenced to R.I. for nine months more.
Briefly stated the relevant facts are that appellant was arrested on 5‑11‑1985 at 12‑30 a.m. when he reported at the Customs Counter for examination of his baggage. He was bound to take flight for Istanbol. His baggage was thoroughly searched but nothing was secured. However, abnormal behaviour of the appellant created suspicion in the mind of the Customs Officer, who conducted his personal search which resulted in the recovery of six small pockets of polythene containing Heroin Powder of brownish colour from the shoes worn by the appellant. Total weight of Heroin was 360 grams. After completion of the investigation challan was presented in the Court.
In the trial Court appellant pleaded guilty to the charge and he was consequently convicted and sentenced as stated above. He prayed for mercy on the grounds that he is a foreigner and is a poor man and he has a large family to support and was ashamed of what he has done. Mr. Zaidi has stated that he went to jail to see one of his clients and met the appellant who was in a very miserable condition and was weeping as he has been stranded in jail. He requested Mr. Zaidi to file some appeal on his behalf in the Court to pursue the matter on humanitarian ground. Mr. Zaidi has submitted that appellant is a foreigner and is a student and has committed this offence for the first time and is very repentant. He has also submitted that punishment meted out to him is out of proportion with the quantity of Heroin recovered from him which is only 360 grams. I cannot go into the merits of the case because there is plea of guilt. I can consider the question of quantum of sentence whether it is appropriate of not. My attention has been drawn to one appeal decided by me which in Special Criminal Appeal No. 8 of 1985 Syed Ikramuddin v. The State in which trial Court had sentenced the appellant to one year on recovery of 800 grams of Heroin and fine and I had reduced that sentence from one year to nine months. In the instant case there is recovery of 360 grams of Heroin. On humanitarian ground as stated by the learned counsel, I reduce the sentence from 1 years to six months because Heroin recovered is only 360 grams. Likewise I also reduce the amount of fine of Rs.30,000 to Rs.20,000 and further reduce the sentence in default of the payment of fine from nine months to six months. With this modification, the appeal is dismissed.
S.A./C‑2/K Sentence reduced.
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