IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Spl. Crl. Jail Appeal No. D – 38 of 2020

Before;

Mr. Justice Zafar Ahmed Rajput,

Mr. Justice Irshad Ali Shah

Appellant: Bashir Ahmed son of Nazeer Ahmed Chachar

(Now confined in Central Jail Khairpur)

Nemo.

The State: Through Mr. Shafi Muhammad Mahar, Deputy Prosecutor General, Sindh.

Date of hearing: 09-02-2023.

Date of decision: 09-02-2023.

J U D G M E N T.

IRSHAD ALI SHAH, J. It is alleged that on arrest from the appellant was secured 03 KG of charas by Police party of PS Pano Akil, for that he was booked and reported upon. On conclusion of trial, he was convicted u/s 9 (C) of CNS Act, 1997 and sentenced to undergo Rigorous Imprisonment for 05 years and 06 months with fine of Rs. 25,000/- and in default whereof to undergo Simple Imprisonment for 05 months and 15 days with benefit of section 382-B Cr.P.C by learned IIIrd Additional Sessions Judge/MCTC-II, Sukkur vide judgment dated 02-11-2020, which is impugned by the appellant before this Court by way of instant Crl. Jail Appeal.

2. As per Jail Roll, the appellant has already been released from jail on completion of his jail term and this probably appears to be a reason with him and his counsel for neglecting the instant Crl. Jail Appeal, which cannot be kept pending on file indefinitely for want of their appearance, therefore, it was decided to be disposed of on merits with assistance of learned DPG for the State, who has supported the impugned judgment.

3. Heard arguments and perused the record.

4. It is stated by complainant ASI Fateh Muhammad that on the date of incident when he with his staff was conducting patrol, he came to know through spy information that the appellant with shopper containing charas is going towards his village. On such information, he with his staff proceeded towards the pointed place, apprehended the appellant, secured from him the shopper which he was having, it was found containing 03 paties of charas, those were weighed to be 03 KG, from each pati was taken out 200 grams of charas for Chemical Examination, the appellant with the recovery so made was taken to PS Pano Akil, there he was booked in this case formally and further investigation was conducted by I.O/SIP Haq Nawaz. Evidence of the complainant takes support from the evidence of PW/mashir PC Aijaz Ali on all material points. It was stated by I.O/SIP Haq Nawaz that on investigation, he visited the place of incident, prepared such memo, recorded 161 Cr.P.C statements of the PWs, dispatched the sample of charas to Chemical Examiner, who certified the same to be charas by issuing such report and after usual investigation, he submitted challan of the case before the Court having jurisdiction. All of them have stood by their version despite lengthy cross examination; they could not be disbelieved only for the reason that they are police officials. They apparently were having no enmity or ill will with the appellant to have involved him in this case falsely by foisting upon him such a huge quantity of charas. They are appearing to be truthful witnesses, their evidence could not be disbelieved on the basis of simple plea of innocence, which the appellant has taken during course of his examination u/s 342 Cr.P.C.

5. In view of the facts and reasons discussed above, it is concluded safely that no case for interference with the impugned judgment is made out by this Court, by way of instant Crl. Jail Appeal, it is dismissed accordingly.

J U D G E

Nasim/P.A