| Citation(s) |
|---|
| 1991 SLG 2223 1991 SLD 2223 1991 KLR 255 |
Sindh High Court
Appeal No: 77/90, 9-4-1991
JUSTICT (RTD). MUNAWAR ALI KHAN, CHAIRMAN, J
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Appeal No: 77/90, 9-4-1991
JUSTICT (RTD). MUNAWAR ALI KHAN, CHAIRMAN, J
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Ghulam Hussain Baloch
VS
Govt. Of Slndh, Through The Chief Secretary, And 2 Other
Law:
Section:
Keywords: Property, Evidence, Federal Shariat Court, Chairman, Responsibility, Intimation, Investigation, Care, Production, Charge-Sheet, Information, Recovery, Liability, Disposal, Director, Trial Court, Properties, Fine, Impugned Order, Court Of Law, Procedure, Order, Punishment, Interference, Concealment, Conviction, Legal Position, Notice, Negligence, Costs, Reduction, Call, Good Faith, Orders, Charge Sheet, Presumption, Money, Enquiry Officer, Custody, Period, Prosecution, Guilty, F.I.R, Pendency Of The Appeal, Examination, Plea, Held Responsible, Compliance JUDGMENT JUSTICE (RTD) MUNAWAR ALI KHAN (CHAIRMAN). In this appeal, appellant Ghulam Hussain Baloch has called in question the Excise and Taxation Department's order dated 22.9.1990 where by punishment of reduction to the minimum of BPS-11 inflicted on him for a period of to years was curtailed to become effective for one year. The factual background of the impugned order may briefly be described as follows. The appellant entered Excise and Taxation Department in 1973 as Excise and Taxation Inspector, which post was redesignated in 1985 as Excise and Taxation Inspector (BPS-11). He detected to cases; one co 'ered by FIR NCf: 59/84 (State Vs. Raja Muhammad Yakoob) ( hereinafter referred as 84-case) and another relating to FIR NO: 32/86 (State vs. Jagat Ram) (hereinafter referred as 86-case). In the 84-case 2 Kgm heroin was recovered whereas in the 86-case the recovery made was 1 Kgm heroin powder, After due investigation both the cases were sent up for trial in the court of law. They ended in the conviction of the accused persons. The convicts went appeal before the Federal Shariat Court. Pending the conclusion of their appeals, the appellant got the case property involved in the said cases destroyed. On .Account of pre-mature destruction of case property he was charge-sheeted vide charge- sheet dated 21.7.1987, which was also accompanied by statement of Mr Abdul Ghafoor Shaikh, Director (Legal/Inspection) was appointed to hold enquiry into the charges made against the appellant. In his report dated 23.7.1988, the said Enquiry officer held the appellant guilty of three out of four charges. After giving…
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