ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-229 of 2019.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

24.02.2022

                        Mr. Ali Nawaz Ghanghro, Advocate for the applicant.

                        Mr. Aitbar Ali Bullo, D.P.G for the State.

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                        Facts in brief necessary for disposal of instant Crl.Misc.Application are that the applicant was alleged to be found in possession/transporting/ smuggling the huge quantity of arms and ammunitions, for that he was booked accordingly. At trial, he sought for his acquittal  by making an application under section 265-K Cr.PC, it was dismissed by learned Session Judge, Jacobabad, vide order 30.04.2019, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application u/s.561-A Cr.PC.

2.                     It is contended by learned counsel for the applicant that the applicant was having lawful authority to sell arms and ammunitions which he purchased from authorized company and then was transporting the same to his shop; by such act, he has committed no wrong for which he could be prosecuted, therefore, his trial would raise no probability of conviction. By contending so, he sought for setting aside of the impugned order with acquittal of the applicant.

3.                     Learned D.P.G for the State by supporting the impugned order has sought for dismissal of the instant Crl.Misc.Application by contending that the prosecution could not be deprived its legitimate right to prove his case by leading evidence and the applicant is also having a right to prove his innocence before learned trial Court by joining the trial.  

4.         I have considered the above arguments and perused the record.

5.         The applicant is named in FIR with specific allegation that he was found in possession/transporting/smuggling the huge quantity of arms and ammunitions, for that he was booked accordingly; such allegation of the prosecution could not be brushed aside under the pretext that the applicant was having a lawful authority to take such arms and ammunitions with him by disbelieving the case of prosecution in its very inception. Like the applicant, the prosecution is also having a right to prove its case by leading its evidence; such right is guaranteed by Article 10-A of Constitution of Islamic Republic of Pakistan, 1973. No wrong is found apparent in the impugned order, which may justify this Court to make interference with it. Consequently, the instant Crl.Misc.Application is dismissed.

      JUDGE