IN THE HIGH COURT OF SINDH, CIRCUIT COURT HYDERABAD.

Present:

                                                            Mr. Justice Muhammad Ali Mazhar,

                                                            Mr. Justice Shaukat Ali Memon,

Cr. Jail Appeal No.D-349 of 2011

Appellant:                              --------------------                       Lal Bux Baloch

Versus

Respondent:                         --------------------                       The State.

Date of hearing:       28.04.2015

Date of judgment:    28.04.2015

                        None present for the Appellant.

Syed Meeral Shah Bukhari, Deputy Prosecutor General for the State.

J U D G M E N T

MUHAMMAD ALI MAZHAR,J:-   The appellant has preferred this appeal through Jail against the conviction recorded vide judgment dated 15.10.2011 passed in Special Case No.30/2008 by Special Judge (Narcotic) Jamshoro @ Kotri (Crime No.11/2008 lodged at P.S ANF Hyderabad under Section 9(c) of Control of Narcotic Substances Act 1997). The Senior Superintendent Central Prison Hyderabad submitted the report on 22.04.2015 in which it is stated that the appellant Lal Bux was released from the Prison on 17.08.2012 on completion of his sentence after getting 1437 days remission. This appeal was fixed in court on 14.03.2013 and 05.06.2014 after release of the appellant but he was called absent and even today he is not in attendance despite issuance of notice.

2.         The case of prosecution is that on 30.10.2008 Inspector Ghulam Murtaza S.H.O P.S ANF Hyderabad along with his subordinate staff left Police Station in Government vehicle for patrolling and on receiving spy information they reached on road near village Saindino Mallah and saw a person having shopping bag of blue colour in his right hand who was apprehended. He disclosed his name Lal Bux. The complainant secured polythene bag from him and on opening it the complainant found two slabs of charas with the weight of 1 K.G each out of which 10 grams of charas was taken from each slab for chemical examination.

3.         The charge was framed against the appellant. The prosecution examined complainant who produced mashirnama of arrest and recovery with FIR, memo of recovery and chemical report. The prosecution further examined Mashir Raheem Bux as P.W-2. Thereafter prosecution side was closed.

4.         The statement of appellant was recorded U/s 342 Cr.P.C in which he denied the commission of offence and pleaded that he was falsely implicated in the case. He was also examined on oath.

5.         We have gone through the entire evidence available on record and reached to the conclusion that the prosecution had established its case against the appellant beyond any reasonable doubt. The complainant and mashir had fully supported the case. Two kilograms charas was recovered and chemical report was also found positive. Nothing is available on record to disbelieve that the appellant was wrongly convicted or the prosecution failed to establish the guilt. Therefore, the appellant was sentenced for seven years with fine of Rs.100,000/- and in default of payment of fine to suffer further R.I for six months. He was also given benefit of Section 382-B Cr.P.C. After considering the entire evidence and the impugned judgment, we do not find any necessity to interfere in the findings recorded by the trial court. It is also a fact that the appellant has already been released from the Jail on completion of his sentence. Consequently this appeal is dismissed.

                                                                                                JUDGE                                                                                              JUDGE

Ali Haider/P.A