THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 594 of 2021

Appellant: Khadar Khan through Mr. Khadim Hussain advocate

The State: Through Mr. Khadim Hussain, Addl. P.G Sindh

Date of hearing: 23.09.2022

Date of judgment: 23.09.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that the appellant was found in possession of 50 sachets of Mava, an infectious substance, injurious to human lives, for that he was booked and reported upon. After due trial, he was convicted under Section 269 PPC and was sentenced to undergo simple imprisonment for 02 months with benefit of Section 382-B Cr.P.C by learned Xth-Additional Sessions Judge, Karachi East vide judgment dated 07.10.2021, which is impugned by the appellant before this Court by way of instant appeal.

2. It is contended by the learned counsel for the appellant that the appellant being innocent has been convicted and sentenced by the learned trial Court, on the basis of misappraisal of evidence therefore, is entitled to his acquittal, which is opposed by learned Addl. P.G for the state by contending that pro .secution has been able to prove its case against him beyond shadow of doubt.

3. Heard arguments and perused the record.

4. No independent person was associated by complainant ASI Ghulam Hussain to witness the arrest of the appellant and recovery so made from him, despite advance information, such omission on his part could not be overlooked. Only 5 sachets have been subjected to chemical examination, therefore liability of the appellant if any, would be to that extent only. As per report of the chemical examiner the substance analyzed was not fit for human consumption. There is nothing on record which may suggest that the appellant was found consuming the substance secured from him or was going to deliver the same to someone else to be consumed. In these circumstances, it could be concluded safely that the prosecution has not been able to prove its case against the appellant beyond shadow of doubt.

5. In view of above, the conviction and sentence awarded to the appellant by way of impugned judgment are set-aside, consequently, he is acquitted of the offence for which, was charged, tried, convicted and sentenced by learned trial Court. He is present in Court on bail, his bail bond is cancelled and surety is discharged.

6. The instant appeal is disposed of accordingly.

JUDGE