ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Criminal Revision No. S- 68 of 2021
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Date of hearing |
Order with signature of Judge |
1. For orders on office objection-A.
2. For hearing of main case.
23.09.2022.
Mr. Ali Anwar Kandhro, Additional Prosecutor General
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Appellants Naimatullah and Rashid Ali both by caste Jamali were tried by learned 1st. Assistant Sessions Judge, Mehar in Sessions Case No.416/2020 for offence under section 4/8 Sindh Prohibition of Preparation, Manufacturing, Storage, Sale & Use of Gutka & Manpuri Act, 2019. After regular trial court convicted the appellants for one year RI and to pay fine of Rs.200,000/- and in case of default in payment of fine they were ordered to suffer SI for six months vide Judgment dated 01.2.2021. Appellants preferred appeal before learned 1-Additional Sessions Judge, by filing Criminal Appeal No.09 of 2021. Learned appellate court dismissed Criminal Appeal No.09/2021 vide judgment dated 22.3.2021. Thereafter appellants filed Criminal Jail Appeal No.36 of 2021, but the same was also dismissed by learned 1st. Additional Sessions Judge/MCTC, Dadu vide judgment dated 28.8.2021. Thereafter this revision application has been filed by the applicants through jail authority. It was admitted to the regular haring on 11.3.2022. During the pendency of the revision Jail Roll was called from Superintendent, Central Prison, Hyderabad and it was reported him vide letter dated 1.11.2021 that applicants/convicts Naimatullah and Rashid Ali have been released from the Prison on 30.10.2021 on the completion of their sentence. After release, applicants never appeared before this court to contest the conviction on merits.
With the assistance of learned Additional Prosecutor General for the State, I have perused the evidence recorded by the trial court as well as impugned judgment. Learned 1st Additional Sessions Judge, Mehar whie dismissing the appeal has assigned sound reasons as under:-
"10. The prosecution has established its case by producing the complainant ASI Mumtaz Ali at (Exh. 03), eye witness/mashir H.C Riaz Ahmed at (Exh.04), Ist: I.O/ASI Moula Bux at (Exh.05) and 2nd I.O S.H.O Manzoor Ahmed at (Exh.06). The prosecution witnesses have produced the entries, memo of arrest and recovery, FIR and chemical Examiner report in support of their evidence. The mashir of this case H.C Riaz Ahmed has given evidence with the same line and supported the complainant in material particulars. The evidence of the prosecution witnesses who are police officers cannot be discarded only on the ground that they are police officials. Huge quantity i.e (5 white bags and 70 separate packets of Taj Mahal Gutka) injurious had been recovered from the possession of appellants/accused which is difficult to be foisted upon the accused/appellant in ordinary way. This is the crime against society and no lenient view can be taken in it. The punishment awarded to the Appellants/Accused by the learned trial Court is one year and to pay fine of Rs. Two lacs (Two hundred thousand) each to the government. In case of default they shall suffer S.I for six months more. Therefore, I do not find any infirmity or illegality in the Judgment passed by learned trial Court. Consequently, the appeal in hand is hereby dismissed. The conviction awarded to the Appellants/accused is hereby maintained The case laws submitted by learned counsel for the appellants/accused are very much distinguishable from the facts and circumstances of the present case. The Appeal is disposed of accordingly.
I am unable to give different view. Since applicants have failed to appear to contest the conviction and sentence awarded to them on merits there was sufficient evidence against applicants to connect them in the commission of the offence. No illegality or irregularity has been found in the impugned judgment on reappraisal and re-appreciation of the evidence, I have come to the conclusion that no case for interference with the impugned judgment is made out accordingly, revision application is without merit and the same is dismissed.
J U D G E
Syd Ashfaq/-.