ORDER SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

        Criminal Acquittal Appeal No.S-03 of 2022.

Appellant/State                    :           Through Mr. Ali Anwar Kandhro,

Additional Prosecutor General,

Date of hearing                     :           24.01.2022

Date of decision                     :          24.01.2022

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                        The private respondent allegedly was found to be in possession of 30 packets of “Gutka” and was booked accordingly and then was acquitted by learned trial Court u/s.265-K Cr.PC, by way of order dated 10.07.2021, which is impugned by the appellant/State before this Court by preferring the instant criminal acquittal appeal.

                        Learned Addl.P.G for the State/appellant that learned trial Court ought not to have acquitted the private respondent without full dress trial by way of impugned order, such order being illegal is liable to be set aside.

                        I have considered the above arguments and perused the record.

                        There is no independent witness to the incident. On chemical examination, the property was not found to be recommended for Human Consumption within meaning of Section (5) of Pure Food Ordinance, 1960 and rules framed thereunder. No such penal section was applied to the case. Surprisingly, the private respondent was reported to face trial for offence punishable u/s.337-J PPC, such penal section was misapplied, as none was administered or caused hurt by way of poison or stupefying intoxicant substance by the private respondent. In these circumstances, learned trial Court was right to record acquittal of the private respondent by way of impugned order, which is not found to be illegal, to be interfered with by this Court by way of instant criminal acquittal appeal, it is dismissed in limine.

JUDGE