| Citation(s) |
|---|
| 2002 SLG 969 2002 SLD 969 2002 PCRLJ 655 |
Sindh High Court
Special Ant Terrorism Appeal No.84 of 2001, decided on 3rd November, 2001.
GHULAM RABBANI AND MUHAMMAD ASHRAF LEGHARI, JJ
Ch. A. Rasheed for Appellant. Habib Ahmed, Asstt. A. G. for the State.
Special Ant Terrorism Appeal No.84 of 2001, decided on 3rd November, 2001.
GHULAM RABBANI AND MUHAMMAD ASHRAF LEGHARI, JJ
Ch. A. Rasheed for Appellant. Habib Ahmed, Asstt. A. G. for the State.
Inspector Syed MAIRAJ ALI SHAH---Appellant
VS
THE STATE --Respondents
Law: Anti Narcotics Force Act, 1997
Section: 27
Anti Terrorism Act (XXVII of 1997) S. 27 Defective investigation Allegation against the accused who happened to be a Police Inspector was that he was guilty of conducting defective investigation against a person who was involved in criminal case and that due to said defective inquiries the accused had been acquitted by the Trial Court Accused had stated that he had only prepared a memo. of inspection of scene of occurrence and had submitted only charge sheet in the case against said person and rest of the investigation had been conducted by some other Investigating Officer anti if any defect had been found in investigation that could not be attributed to him Validity Judgment against the accused was not passed by a speaking order Assistant Advocate General who did not dispute the factual aspect of the matter, had stated that passed against the accused be set aside and case be remanded to the Trial Court to pass a speaking in accordance with law Judgment passed against the accused was set aside and case was remanded for fresh decision after providing him a proper opportunity of hearing. Ch. A. Rasheed for Appellant. Habib Ahmed, Asstt. A. G. for the State. Date of hearing: 30th October, 2001. ORDER 1. Both the learned counsel state that a short point is involved in this matter, therefore, this appeal be heard and decide finally. Order accordingly. 2. Appellant has impugned the judgment, dated 18th October, 2001, whereby he has been found guilty of offence under section 27 of Anti Terrorism Act, 1997 and has been sentenced to undergo R.I. for three months and to pay an amount of Rs.20,000 as fine in default whereof to suffer S.I. for one month more. 3. Brief facts of the case are that the appellant who happened to be an Inspector of Police investigated the offence under section 6(d) of Anti¬ Terrorism Act, 1997 read with section 393, P.P.C. and an offence under section 13(d), Arms Ordinance, 1965 in Crimes Nos.170 and 171 of 2001. registered with Ferozabad Police Station, Karachi . The appellant submitted charge sheet against the accused, Syed Amir Ali, Administrative Judge A.T.C.s from where, it was transferred to the Anti Terrorism Court .NO.IV, Karachi The…
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