ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Spl. Criminal Acquittal Appeal No.08 of 2006

Date                                         Order with signature of Judge

1. For orders on MA 4525/06.

2. For Katcha Peshi.

14.1.2008.

Mr. Ashiq Ali Anwar Rana, for the appellant.

…..

1.         Granted but subject to all just exceptions.

2.         Learned counsel for the appellant states that the learned trial Court has not properly appreciated the evidence led before it. The prosecution has examined fourteen witnesses and all the witnesses have supported the prosecution case. He specifically states that the learned trial Court has not taken into account that Muhammad Sadiq, Intelligence Officer-PW No.2 during his evidence identified the accused persons and deposed that statements of drivers were recorded, who stated therein that on the directions of the accused Munawar Hussain Talat they handed over trucks to accused Muhammad Sarwar on the pretext that the containers were containing material for the armed forces and after removing the goods and replacing the same with declared goods were handed back to the drivers to proceed to Sambrial Dry Port, Sialkot. The learned trial Court has not appreciated that Munawar Hussain Talat, being Operation and Administartino Manager, Sialkot Dry Port Trust, West Wharf Road, Karachi, was looking after the entire operation of the office and all the drivers were on his disposal. He has further argued that PW-5 Muhammad Rizwan, Manager, Documents, QICT, has given details of recovery of valuable items recovered from two containers smuggled in the guise of "Scrap Printed Telephone Directories" by Messrs Imperial Sources, Hafizabad. He has further argued that the learned trial Court has not appreciated the fact that Messrs Zee International and Messrs Imperial Sources were operating from the same address i.e. SMS Centre, Plot No.C-130, Jami Commercial Street No.11, Phase VII, DHA, Karachi. The identical addresses of both the accused respondents namely Muhammad Jawed and Muhammad Sarwar prove their complicity. Contentions raised by learned counsel for the appellant need consideration. Issue pre-admission notice to the respondents for 28.1.2008.

                                                                                                                        Judge