THE HIGH COURT OF SINDH AT KARACHI
Criminal Appeal No. 65 of 2023
Present: Mr.
Justice Naimatullah Phulpoto
Justice Mrs. Kausar
Sultana Hussain
Appellant
: Abdullah @ Kala through Ms. Farzana Mateen advocate
Respondent : The State through Mr. Ali Haider
Saleem Addl. P.G
Date of Hearing : 23.08.2023
Date of
judgment : 23.08.2023
JUDGMENT
NAIMATULLAH
PHULPOTO, J.- Abdullah @ Kala was
tried by learned I-Additional Sessions Judge/ Special Court (CNS), Karachi
Central for offence under Section 9(c) of CNS Act 1997. After regular trial,
vide judgment dated 02.01.2023, appellant was convicted under section 9(c) of
CNS Act 1997 and sentenced to 07 years R.I and to pay fine of Rs.100,000/- and
in default in payment of fine, he was ordered to undergo S.I for 15 days.
Appellant was extended benefit of section 382(b) Cr.P.C.
2. Briefly
the prosecution facts are that on 09.03.2022 at 1045 hours, SIP Shah Nawaz of
PS Paposh Nagar along with his subordinate staff
apprehended the appellant and recovered 1050 grams of charas from his
possession. Mashirnama of arrest and recovery was prepared in presence of
mashirs. Thereafter, accused and case property were brought at P.S Paposh Nagar, where FIR No. 107/2022 for offence under
Section 9(c) of CNS Act 1997 was lodged against the accused on behalf of state.
3. Record
reflects that after framing of charge, no plea of appellant was recorded and the
same is left blank, which clearly shows that charge was not read over and
explained to the appellant at the time of framing the same. Such omission is
contrary to fair trial as guaranteed under Article 10-A of Constitution of
Islamic Republic of Pakistan, 1973. When confronted such omission to the
counsel for the parties, it was submitted that such omission could only be
cured on remand of the case. Reliance is placed upon the case of Bashir Ahmed
vs. The State (SBLR 2021 Sindh 112).
4. In view
of above, the impugned judgment is set aside with direction to learned trial
Court to proceed with
the case afresh in accordance with law right from the stage of recording of
plea of the appellant and dispose of the same expeditiously.
5. Instant
appeal is disposed of in the above terms.
JUDGE
JUDGE