IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Jail Appeal No.D-32 of 2020

PRESENT:

Mr. Justice Naimatullah Phulpoto,

Mr. Justice Khadim Hussain Tunio,

Appellant : Sajjad alias Sijoo Gopang in person (produced in custody).

Respondent : The State, through Mr. Ali Anwar Kandhro, Addl. P.G.

Date of hearing : 12-10-2022.

Date of Judgment : 12-10-2022.

J U D G M E N T.

NAIMATULLAH PHULPOTO, J.- Appellant Sajjad alias Sijoo Gopang was tried by learned First Additional Sessions Judge/MCTC/Special Judge for CNS, Kamber, in Special Case No.16/2020 re-The State v. Sajjad @ Sijoo Gopang, based on Crime No.129/2020, registered at P.S. Kamber City, for offence under Section 9(b), Control of Narcotic Substances Act, 1997. On the conclusion of the trial, appellant was convicted by the trial Court vide judgment dated 18.09.2020 for offence under Section 9(b), Control of Narcotic Substances Act, 1997 and sentenced him to 03 years R.I. and to pay the fine of Rs.20,000/-, in case of default in payment of fine to suffer S.I. for 02 months more. Appellant was extended benefit of Section 382-B Cr.P.C.

2. Appellant filed this appeal through Superintendent, Central Prison, Larkana. Appeal was admitted to the regular hearing. Notice was issued to Addl. P.G.

3. During pendency of the appeal, jail roll was called. As per jail roll dated 04.10.2022, appellant has been released from Central Prison, Larkana on 30.04.2022 after undergoing the sentence awarded to him. In order to ascertain whether appellant would proceed with the appeal on merits or not, notice was issued to the appellant through SHO P.S Kamber City. ASI Barkat Ali of P.S Kamber City reported that appellant after release in this case is confined in Judicial Lockup, Kamber in another case being Crime No.237/2022 for offences under Sections 415, 393, 34, PPC. Production order was issued.

4. Appellant is produced today by Incharge, Judicial Lockup, Kamber. Appellant has been heard. Appellant submits that since he has been released in this case after undergoing the sentence awarded to him, hence he does not want to proceed with the appeal on merits.

5. Though the appeal is not pressed on merits by the appellant, we firmly believe that it is for the prosecution to prove it’s case. We have gone through the prosecution evidence with the assistance of the Addl. P.G. It has come one record that appellant was apprehended by ASI Mohammad Saffar Veesar on 29.04.2020, at 3.00 p.m. on spy information near graveyard of Kamber City and from his possession 500 grams charas was recovered. Mashirnama of arrest and recovery was prepared in presence of mashirs PCs Saifullah and Aziz Ahmed. Thereafter, appellant was brought to Police Station Kamber City and FIR for offence u/s 9(b), CNS Act 1997 was registered on behalf of the State. Investigation officer sent the charas to the Chemical Examiner for analysis and report. On the conclusion of the investigation, challan was submitted.

6. Trial Court framed the charge against the appellant, to which he pleaded not guilty and claimed to be tried. At the trial, prosecution examined 02 PWs, who produced documents as well as positive chemical examiner’s report. Thereafter, statement of accused was recorded u/s 342, Cr.P.C. The appellant submitted an application and admitted his guilt and prayed for imposition of lesser sentence. Trial Court issued show-cause notice to the appellant in terms of Section 243, Cr.P.C. and the appellant in his reply reiterated his plea of guilt and prayed for awarding him lesser sentence.

7. Trial Court in it’s findings in paras Nos.17 to 19 has assigned the cogent reasons for believing the prosecution evidence, corroborated by positive report of Chemical Examiner, according to which the sample was received in intact condition which rules out any question of tampering. We agree with the findings recorded by the trial Court that the trial Court appreciated the evidence on the basis of sound judicial principles. After re-appraisal of the evidence, we are unable to take a different view and hold that the judgment passed by trial Court requires no interference by this Court. Since appeal is not pressed on merits, appellant has already been released from jail on the completion of his sentence, appeal is accordingly dismissed. Appellant is produced in custody in another case. He is remand back.

8. Appeal is disposed of.

JUDGE

Qazi Tahir PA/*