JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal No.D-39 of 2019.

_________________________________________________________________

DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

_________________________________________________________________

Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Agha Faisal,

For hearing of main case.

09.03.2022

                        Mr. Altaf Hussain Surhio, Advocate for the appellant.

Mr. Ali Anwar Kandhro, Addl. P. G for the State.

                        =  *  = * = * = * = * =

IRSHAD ALI SHAH, J;- The appellants initially were charged for being in possession/transporting 48 K.Gs of Charas through their Car, which they denied and the prosecution to prove it, examined Complainant Inspector Arbello Khan Bhangwar. Subsequently, it transpired to learned trial Court that besides 48 K.Gs of Charas, the appellants were also carrying with them in secrete cavity of their Car 18 K.Gs of Charas more; the charge so framed against them was amended, surprisingly without specifying when and in what manner and by whom, the additional recovery of Charas was made; such omission is contrary to the mandate contained by Section    121 (2) Cr.PC, which prescribes that the charge to contain the sufficient description. On amendment of the charge, the evidence of Complainant Inspector Arbello Khan Bhangwar, which was recorded already, was copied and pasted materially, which is contrary to the mandate contained by Section 231 Cr.PC, which prescribes that whenever the charge is altered or amended, the witnesses already examined are to be re-summoned and re-examined on point of alteration and amendment so made in the charge. The failure to adopt the prescribed course is not curable under section 537 Cr.PC.

2.                    Learned counsel for the parties when were confronted with above omissions/legal flaws were fair enough to state that above infirmities have occasioned in failure of justice; therefore, same could only be cured on remand of case.

3.                    In view of above, the impugned judgment is set aside with direction to learned trial Court to dispose of the case afresh by the considering the observation recorded above.

4.                    The instant criminal jail appeal is disposed of accordingly.

JUDGE  

    JUDGE