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-50 of 2007
Appellant: -------------------- Soofan
Versus
Respondent: -------------------- The State.
Date of hearing: 28.04.2015
Date of judgment: 28.04.2015
None present for Appellant.
Syed Meeral Shah Bukhari, Deputy Prosecutor General for the State.
J U D G M E N T
MUHAMMAD ALI MAZHAR,J:- This appeal has been preferred by the appellant through Superintendent Central Prison Hyderabad against the conviction recorded vide judgment dated 02.02.2007 passed in Special Case No.51/1999 by the learned Special Judge (CNS)/IInd Additional Sessions Judge, Hyderabad (Crime No.21/1999 lodged at P.S SITE Hyderabad under Section 9(c) of Control of Narcotic Substances Act 1997).
2. The Superintendent Central Prison Hyderabad has reported through letter dated 19.04.2010 that the appellant Soofan was released on 26.05.2008 on completion of his term and payment of full fine. This appeal came up for regular hearing in court on 20.04.2010, 13.03.2013 and 05.12.2013 when the appellant was called absent though he was already released from Jail and even today he is not in attendance despite issuance of notice.
3. The brief facts of the case are that on 15.07.1999 the complainant S.H.O P.S SITE Hyderabad along with his subordinate staff left P.S in private vehicle for checking and reached near Police Check Post Ganjo Takar where ASI Shahbaz, HC Abbas, PC Muhammad Bux and PC Hakim Ali were present. During checking, they stopped a blue colour Toyota Corolla bearing No.A-0029 coming from Fateh Chowk wherein four persons were sitting. Driver disclosed his name Muhammad Yousif, second person sitting by the side of driver disclosed his name as Soofan (appellant) while two persons sitting on rear seat disclosed their names Allah Bachayo and Rafique. Soofan (appellant) was forcibly stepped down from the car and a polythene bag lying in his lap was recovered and on opening the same seven kilogram charas and two and a half kilogram opium were recovered. Contraband material was also recovered from the possession of other accused persons and separate FIRs were registered against each of the accused U/s 9(c) of CNS Act 1997 and they were convicted in their individual cases though through a common judgment in four cases.
4. The prosecution examined Mashir HC Ghulam Abbas who produced the mashirnama of arrest and recovery and complainant Inspector Khawar Gul produced four FIRs, Roznamcha entry and four chemical reports. Thereafter prosecution side was closed.
5. In his statement U/s 342 Cr.P.C the appellant Soofan denied the commission of offence and pleaded that he was falsely implicated in the case on political rivalry at the instance of Muhammad Ismail Rahu against whom appellant’s cousin contested election.
6. All the prosecution witnesses supported the case of prosecution. Weight of charas was taken at the place of incident. The complainant and mashir had fully supported the case. We have gone through the entire evidence available on record and found no contradiction in the evidence of the prosecution witnesses or any discrepancy which may create any doubt in the prosecution case. The chemical report was also found positive. Nothing is available on record to disbelieve that the appellant was not found in possession of narcotic substance and he was wrongly convicted or the prosecution failed to establish the guilt. Therefore, the appellant was sentenced to suffer R.I for ten (10) years and to pay fine of Rs.50,000/-. 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.