THE STATE through Advocate-General, Sindh vs DAWOOD
This matter arises from a petition for leave to appeal filed by the State against the judgment of the Sindh High Court dated 22-1-2004, whereby the respondent was acquitted of the charge under section 9(c) of the Control of Narcotic Substances Act, 1997. The respondent was originally tried and convicted by the Special Judge, Control of Narcotic Substances, Hyderabad, for trafficking two kilograms of contraband Charas investigated by the C.I.A. police, and sentenced to ten years rigorous imprisonment with a fine. Upon appeal, the High Court reassessed the evidence and acquitted the respondent. The Supreme Court examined the record and noted that the reasons recorded by the High Court appeared to be based on surmises and conjectures without legal support. Consequently, the Supreme Court granted leave to appeal to reappraise the evidence and determine whether the acquittal resulted in a miscarriage of justice.
- Whether the High Court was justified in acquitting the respondent of the narcotics charge?
- Can leave to appeal be granted by the Supreme Court to reappraise evidence in a criminal acquittal case?
- Whether the reasons recorded by the High Court for acquittal were based on surmises and conjectures?
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
ORDER
' RANA BHANGWANDAS, J.--- Through this petition State seeks leave to appeal against Sindh High Court judgment, dated 22-1-2004 allowing respondent's appeal arising out of a case under section 9(c) of the Control of Narcotic Substances Act, 1997 and acquitting the respondent of the charge.
2. Respondent was tried on the charge of trafficking two kilograms of contraband Charas by a police party of C.I.A., Hyderabad on or about 20-8-1999. Instead of forwarding the F.I.R. To Anti- Narcotic Force, C.I.A. Police continued with the investigation and prosecuted the respondent before the Court of Special Judge, Control of Narcotic Substances, Hyderabad. At the conclusion of the trial respondent was convicted and sentenced to suffer R.I. For 10 years and to pay fine of Rs,1,00,000 or suffer S.I. For six months in lieu thereof.
3. In appeal, however, a Division Bench of the Sindh High Court, on reassessment of the evidence on record directed acquittal of the respondent which has been called in question through this petition.
4. We have heard learned Additional Advocate-General, Sindh and gone through the impugned judgment as well as the record. Tentatively speaking the reasons recorded by the High Court do not appear to be sound and are based on surmises and conjectures without the support of law. We are, therefore, inclined to grant leave to appeal to reappraise the evidence in order to ascertain whether the acquittal of respondent by the High Court can be sustained and whether there has been no miscarriage of justice by discarding overwhelming prosecution evidence? Order accordingly.
5. Let bailable warrants in the sum of Rs,50,000 with two, sureties be issued against the respondent returnable to the officer incharge of Karachi Branch Registry of this Court.