IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No.285 of 2026

Present: Mr. Justice Omar Sial

Mr. Justice Shamsuddin Abbasi

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Appellant: The State/ANF through Mr. Abid Ali Jatoi, Special Prosecutor ANF

Date of hearing: 11.05.2026

Date of Judgment: 12.05.2026

J U D G M E N T

SHAMSUDDIN ABBASI, J. --- Appellant on behalf of the State/Anti-Narcotic Force has impugned orders dated 02.04.2026 and 29.04.2026, passed by learned Judge Special COurt-II (CNS), Karachi in Special Case No.114/2022, arising out of FIR No.44/2022, registered at P.S. ANF Clifton, Karachi for offence under sections 9(1), 7(a), 15 of the CNS (Amended) Act, 2020, whereby learned trial Court closed the evidence side of the appellant/State and further dismissed application under Section 540, Cr.PC moved on behalf of the prosecution, hence the instant criminal appeal.

2. Briefly the facts of the prosecution case are that on 03.12.2023, complainant arrested respondent Muhammad Ali Zahid and recovered 3.5 grams cocaine, 5 grams weed, 150 grams charas and Rs.1,100,000/- from his possession, hence the subject FIR. After usual investigation challan was submitted on 21.02.2022 and charge was framed on 10.05.2023. Learned trial Court closed the side of prosecution on 04.02.2026.

3. Special Prosecutor ANF submits that the impugned orders are patently illegal, unlawful and contrary to the facts of the case; there is gross violation of law whereby the prosecution side was closed without giving them opportunity to produce witnesses thereby depriving the appellant/State of a FIR trial which is violation of Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973; that today the case is fixed for announcement of judgment, therefore, impugned orders may be set aside.

4. We have heard the learned Special Prosecutor for ANF and have gone through the material available on record, which reveals that FIR of the alleged incident was registered on 03.12.2022 and after usual investigation, challan of the case was submitted on 21.02.2022. Record further reveals that charge was framed on 10.05.2023 and prosecution has failed to produce its witnesses till closing of its side vide order dated 02.04.2026, thereafter, prosecution moved application under Section 540, Cr.PC for reopening of the side of the prosecution and for examination of prosecution witnesses, same was also dismissed by learned trial Court vide order dated 29.04.2026. Impugned orders reveal that since framing of charge (10.05.2023) till closing of prosecution side (02.04.2026) prosecution side sought adjournments for want of production of its witnesses on 45 days of hearings. This conduct of the prosecution shows its non-seriousness in proceeding with the case. We are of the view that such conduct of the prosecution cannot be ignored, who failed to produce its witnesses on a single date of hearing, though all the prosecution witnesses are ANF officials. No one can be left at the mercy of prosecution for a log period. Learned counsel for appellant submits that today the case is fixed for announcement of judgment. We do not see any weight in the arguments of the learned counsel for appellant. There is no illegality or irregularity in the impugned orders. The instant criminal appeal is dismissed in limine and these are the reasons of our short order dated 11.05.2026.

J U D G E

Gulsher/PS