IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Jail Appeal No.D-47 of 2018

DATE ORDER WITH SIGNATURE OF JUDGE

Before:

Mr.Justice Khadim Hussain M.Shaikh,

Mr.Justice Irshad Ali Shah,

For hearing of main case.

19.05.2020.

Syed Fida Hussain Shah, Advocate for the appellant.

Mr.Ali Anwar Kandhro, Additional Prosecutor General.

O R D E R

Irshad Ali Shah-J;- The appellant for committing an offence punishable under section 9 of C.N.S Act, 1997, for being in possession of 10 K.Gs of the Charas was convicted and sentenced to undergo R.I for 12 ½ years with fine of Rs.60,000/- and in default whereof to undergo S.I for 09 months, with benefit of Section 382-B Cr.PC, by learned Special Judge (CNS) Jacobabad, vide his judgment dated 03.07.2018, which is impugned by the appellant before this Court by preferring the instant jail appeal.

2. At the very outset, it is pointed out by learned counsel for the appellant and learned Addl.P.G for the State that the incident firstly was recorded in roznamcha at C.I.A Unit-II, Thull and such roznamcha entry then was sent to P.S “A” Section Thull, for its incorporation into FIR, which was incorporated as FIR Crime No.170/2016 of P.S “A” Section Thull, by HC Bashir Ahmed Nasirani. Neither, such FIR is brought on record nor HC Bashir Ahmed Nasirani being its author has been examined by the prosecution at trial and such illegality being material in its nature could not be cured under section 537 Cr.PC. By pointing so, they prayed for remand of the case to learned trial Court with direction to examine HC Bashir Ahmed Nasirani and then to produce FIR of the present case through him in order to meet with interest of fair trial, as is enunciated under Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973, not only for the appellant but for the State.

3. In view of the above, the impugned judgment is set aside; case is remanded with direction to learned trial Court to bring on record the FIR of the present case through its author HC Bashir Ahmed Nasirani and then to dispose of the case, in accordance with law.

4. The instant appeal is disposed of in above terms.

J U D G E