Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Appreciation of evidence---Accused was a physically disabled person as his right leg was cut---Looking to the condition of accused and taking into consideration the fact that he was a beggar and not a person who was involved in corrupting the society by supply of narcotic substances; and in all probability he must be user of. the drug as normally beggars become, and thus would be a victim himself---Such persons needed sympathetic treatment because there were no social services in the country either in the public sector or private sector for rehabilitation of such persons who were living a miserable life---Society at large was responsible for the fate of such persons and they should not be treated as criminals---Actual criminals were those who were benefiting from the supply and spreading of narcotic substances and were leading fabulous life and were treated as respectable persons in the society---Taking a lenient view, sentence of accused was reduced from three years to one year and fine was also reduced to Rs.1,000 by the High Court. JUDGMENT MUHAMMAD MUJEEBULLAH SIDDIQUI, J.---This jail appeal is directed against the judgment dated 23-2-2006 passed by learned Sessions Judge and Special Court for C.N.S. Jacobabad in C.N.S. Case No.11 of 2005 Crime No.18 of 2005, Police Station Railway Jacobabad. The learned State counsel has raised objection to the maintainability of appeal on the ground that it is barred by time. Since it is a jail appeal and the appellant has no legal assistance, therefore, keeping in view the consistent treatment in such cases the delay in filing the appeal is condoned. The appellant has been convicted for the offence punishable under section 9(b) of the Control of Narcotic Substances Act, 1997 and has been sentenced to suffer R.I. for three years. and to pay fine of Rs.10,000. In default whereof he has to suffer simple imprisonment for six months more. The benefit of section 382-B, Cr.P.C. has been extended to the appellant. We have heard the appellant who has been produced from Central Jail Larkana and Mr. Muhammad Ismail Bhutto, the…

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