| Citation(s) |
|---|
| 2010 SLG 2555 = 2010 SLD 2555 = 2010 YLR 1660 |
Sindh High Court
Criminal Miscellaneous Application No.81 of 2010, decided on 14th April, 2010.
Presented By: Amir Hani Muslim and Syed Zakir Hussain, JJ
M.A. Kazi for Applicant.
Criminal Miscellaneous Application No.81 of 2010, decided on 14th April, 2010.
Presented By: Amir Hani Muslim and Syed Zakir Hussain, JJ
M.A. Kazi for Applicant.
SAQIB ASGHAR SHAIKH---Applicant
VERSUS
THE STATE---Respondent
Law:
Section:
Control of Narcotic Substances Act (XXV of 1997)--- ---Ss. 9(c), 14 & 15---Criminal Procedure Code (V of 1898), S.561-A---Possession of narcotics---Quashing of F.I.R. and proceedings, application for---Record had shown that no incriminating evidence was available against accused connecting him with the alleged crime in any manner whatsoever---Presence of accused with co-accused, if any, alone by itself, did not connect him with the alleged offence---Mens rea of accused was also not open to be established as the investigation was over and no evidence was collected to show that he had knowledge of the presence of the narcotic substance with co-accused; and that he had been a party to what role was said to have been played by co-accused in the case---Co-accused already stood acquitted under S.249-A, Cr.P.C. for want of incriminating evidence and such order had not been challenged in appeal by authorities---Case of accused was also likely to meet the same fate and ultimately, if the proceedings would go on, Court would not be able to convict accused in the crime in question for want of positive incriminating evidence; and proceedings, would bear and carry a status of futile exercise and abuse of process of law---Trial Court did not appear to have properly appreciated the material on record---Application filed by accused for quashing of F.I.R. and proceedings was allowed and proceedings culminating from F.I.R., stood quashed. M.A. Kazi for Applicant. Ashfaque Hussain Rizvi Special Prosecutor ANF for the State. Date of hearing: 14th April, 2010. JUDGMENT SYED ZAKIR HUSSAIN, J.--This criminal miscellaneous application has been filed for quashment of the F.I.R. bearing No.30/2008, lodged with Police Station Clifton, ANF, Karachi, against Saqib Asghar Shaikh, the applicant, and two others, namely, Zulqarnain Sikandar and Rustom Jatoi, who is absconding. The said F.I.R. ultimately culminated into a charge sheet against the nominated persons and the learned trial Court having taken the cognizance began with the trial thereof, which bore Special Case No.155 of 2008. Brief facts of the case, are that the ANF authorities got spy information about presence of narcotic…