IN THE HIGH COURT OF SINDH, CIRCUIT COURT HYDERABAD.
Present:
Mr. Justice Muhammad Ali Mazhar,
Mr. Justice Shaukat Ali Memon,
Cr. Appeal No.D-83 of 2006
Appellant: -------------------- Shaman.
Versus
Respondent: -------------------- The State.
Date of hearing: 23.04.2015
Date of judgment: 23.04.2015
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 report of Superintendent Central Prison Hyderabad dated 12.02.2013 is available on record which shows that the appellant has been released from the Prison on 22.11.2006 on completion of his sentence. On last date of hearing also counsel for the appellant was called absent so we issued intimation to his counsel for today but again he is called absent.
2. This appeal has been preferred U/s 48 of the Control of Narcotic Substances Act, 1997 against the judgment dated 19.05.2006 passed in Special Case No. 60/2003.
3. The brief facts of the case are that SIP Manoj Kumar lodged FIR on 23.06.2003 that he along with PC Ali Gohar and PC Aslam Pervaiz was on patrolling by foot, when they reached at Kari Mori, two persons alighted from the National Highway road were found suspect and were apprehended. They disclosed their names Shaman and Nazeer. On personal search of Shaman a white colour polythene bag was secured with three pieces of charas while on personal search of Nazeer another white colour polythene bag containing one piece of charas was secured. 1420 grams charas was recovered from the appellant Shaman while 500 grams charas was recovered from Nazeer. According to the prosecution case, Shaman committed the offence U/s 9(c) of CNS Act 1997 while the accused Nazeer committed offence U/s 9(b) of CNS Act 1997. 10 grams charas from each bag was taken for chemical examination.
4. The prosecution examined Mashir LNK Ali Gohar who produced the mashirnama of arrest and recovery and complainant SIP Manoj Kumar produced FIR, report of Chemical Examiner and Roznamcha Entry of departure.
5. The appellant Shaman in his statement U/s 342 Cr.P.C denied the commission of offence and pleaded that he was falsely implicated in the case. He also examined Yakoob Masih in his defence.
6. All the prosecution witnesses supported the case of prosecution. Weight of charas was taken at the place of incident and samples were prepared. We have gone through the entire evidence available on record and found no contradiction in the evidence of both the witnesses nor any discrepancy which may create any doubt in the prosecution case. Though the appellant took the defence plea that he used to ply Donkey Cart and due to exchange of harsh words police party involved him in a false case but no such evidence was put to the mashir Ali Gohar during his lengthy cross examination. This question was put up to complainant Manoj Kumar that one day prior to the incident the appellant was arrested with his Donkey Cart as the appellant and constable had exchanged harsh words and such news was published in the newspaper but no such newspaper was produced. The chemical report was also found positive. Therefore, the appellant was sentenced to suffer R.I for four 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 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.