HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No. 534 of 2022

Present: Mr. Justice Naimatullah Phulpoto

Mr. Justice Zulfiqar Ali Sangi

Appellant : Nemo for appellant Muhammad Faheem

Respondent : The State through Mr. Habib Ahmed Special Prosecutor ANF

Date of Hearing : 15.05.2024

Date of judgment : 15.05.2024

JUDGMENT

NAIMATULLAH PHULPOTO, J.- Muhammad Faheem appellant was tried by learned Special Court-II (CNS) Karachi in Special Case No. 14 of 2022. After full dressed trial, vide judgment dated 29.07.2022, appellant was convicted under Section 9(c) of the CNS Act 1997 and sentenced to undergo 08 years R.I and to pay fine of Rs.30,000/-, in case of default he was ordered to undergo 06 months imprisonment. Appellant was extended benefit of Section 382-B Cr.P.C.

2. Brief facts of the prosecution case are that on 17.09.2020 Inspector Abdul Rasheed of PS ANF-II, Karachi along with his subordinate staff stopped the appellant who was driving rickshaw No.D17-02192 at Data Darbar Hotel, Korangi Industrial Area, Karachi and recovered 08 packets of charas weighing 8 K.G from the backside of rickshaw in presence of mashirs ASI Zaheer Iqbal and HC Azhar Iqbal. Mashirnama of arrest and recovery was prepared. Accused and case property were brought to the police station ANF-II Karachi where FIR No. 32/2020 was registered against the appellant on behalf of state for offence under Section 9(c) CNS Act 1997.

3. During investigation, charas was sent to chemical examiner for analysis and positive report was received. On conclusion of usual investigation, final report was submitted against the appellant under the above referred section.

4. At trial, prosecution examined four witnesses and positive report of the chemical examiner was produced in evidence. Thereafter, prosecution side was closed.

5. Trial Court recorded statement of accused/appellant under Section 342 Cr.P.C at Ex.9. Appellant claimed his false implication and denied the prosecution allegations. Appellant examined himself on oath under section 340(2) Cr.P.C in disproof of the prosecution allegations but did not lead any evidence in his defence.

6. Trial Court after hearing the learned counsel for the appellant, prosecutor and while assessing the evidence, by judgment dated 29.07.2022, convicted and sentenced the appellant as stated above. Hence, the appellant being dissatisfied with the judgment of conviction against him has filed instant appeal.

7. Appeal was admitted to regular hearing and notice was issued to Special Prosecutor ANF. During pendency of the appeal, Special Prosecutor ANF placed on record jail roll dated 02.03.2024, which reflected that appellant has been released from the prison on 23.09.2023 on expiry of sentence on remission system and part payment of fine. After release of the appellant from jail since 23.09.2023, appellant has not appeared before this Court to contest the appeal on merits. This appeal was filed in the year 2022 and Mr. Muhammad Khan Panwhar advocate for the appellant appeared on 10.01.2023 when the appeal was admitted to regular hearing and since then he is called absent though his name transpires in the cause list.

8. Mr. Habib Ahmed Special Prosecutor ANF submits that after release of the appellant, this appeal has become infructuous, but we are of the view that this Court has to satisfy itself whether prosecution had succeeded to prove its’ case and whether conviction awarded by the trial Court was warranted in law.

9. We have perused the impugned judgment. Evidence of police officials namely Inspector Abdul Rasheed, ASI Zaheer Iqbal mashir of arrest and recovery, HC Abdul Shakoor and Inspector Muhammad Aqeel Shahzad Incharge Malkhana is reliable and confidence inspiring supported by positive report of chemical examiner, despite lengthy cross-examination, nothing favourable to the appellant came on record. Trial Court had appreciated evidence according to settle principles of law. We hold that prosecution has succeeded to prove its’ case against the appellant. It may be mentioned here that appellant was released from jail after undergoing sentence awarded to him by trial Court. Thereafter, notices were issued to appellant by this Court to appear before this Court and contest the appeal but neither appellant appeared nor his counsel.

10. For the above stated reasons, we have come to the conclusion that findings of guilt recorded by learned trial Court require no interference by this Court. Resultantly, the impugned conviction is maintained and appeal is dismissed.

JUDGE

JUDGE

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