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