The State Through Public Prosecutor of Pakistan Railway Quetta vs Jalil Alias Darya Khatoon

Balochistan High Court · 2024 · Before Hon'ble Justice Sardar Ahmed Haleemi

This Criminal Acquittal Appeal is directed against the judgment dated 31st May, 2023 (hereinafter the “impugned judgment”) passed by the learned Special Judge CNS, Sibi (hereinafter the “trial Court”), whereby the respondent was acquitted of the charge.

2. The prosecution case, in brief, is that on the complaint of Muhammad Akbar, SI, an FIR No.06 of 2023 dated 11.03.2023 under section 9(c) of Control of Narcotics Substances Amended Act, 2022 was registered at Railway Police Station, Sibi to the effect that police officials were on routine checking at the main gate of Railway Station, Sibi whereas, lady FC constable was checking female passengers in the cabin; in the meanwhile, a woman alongwith her minor son, having luggage in which clothes were kept, entered into a railway station, who was found suspicious; on her personal search, 01 packet of baked charas weighing 1000 grams and 04 packets of ice (psychotropic substances) weighing 980 grams, wrapped with yellow color plastic tapes were Criminal Acquittal Appeal (S) No.131 of 2023 2 Only for viewing purpose. Contact office for certified copy. recovered from the pockets of her wearing vest; the recovered contrabands were taken into custody, hence the FIR.

3. After the usual investigation, the complete challan against the respondent was submitted in the trial Court, where she was formally charged, to which she pleaded not guilty and claimed trial.

4. The prosecution produced seven (07) witnesses. On completion of evidence, the respondent was examined under section 342, Cr.P .C, wherein, she refuted the allegations and professed innocence; however, she did not examine herself on oath as envisaged under Section 340 (2) Cr. P .C,nor produced any evidence in his defense.

5. After hearing the arguments of learned counsel for the parties, the trial Court vide impugned judgment acquitted respondent, hence this acquittal appeal.

6. Learned counsel representing the State contended that the trial Court has not appreciated the material available on record in its true perspective; the prosecution by producing trustworthy and confidence- inspiring evidence established its case beyond any shadow of doubt; the respondent has been apprehended red-handedly in possession of contrabands; there exits several illegalities and irregularities warranting interference of this Court in appellate jurisdiction.

7. We have heard the arguments of learned counsel for the appellant and perused the entire record with his able assistance.

8. A careful deposition of prosecution evidence and a glance of whole record reflects that the complainant of the case PW-1 Muhammad Akbar SI/SHO narrated the same facts, mentioned in the Criminal Acquittal Appeal (S) No.131 of 2023 3 Only for viewing purpose. Contact office for certified copy. FIR Ex-P/1-A. PW-6 Parveen Ali, lady FC constable, being eye witness, deposed that she was performing her duties outside the gate of Railway Station, Sibi for checking the ladies, who on the personal search of the respondent, recovered contrabands from the pockets of her wearing vest, but did not state a single word about any proceedings carried out by the Investigating Officer in her presence.

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