MUHAMMAD ALI ABRO vs State Ss — 2022 MLD 1420 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ALI ABRO VS State Ss.269, 270 & 337-J---Negligent act likely to spread infection of disease dangerous to life, malignant act likely to spread infection of disease dangerous to life, causing hurt by means of a poison---Appreciation of evidence---Benefit of doubt---Prosecution case was that 35-packets of Gutka Supari in two sacks were recovered from the vehicle driven by accused---Use of recovered material malignantly spread the infection of diseases dangerous to life as it contained intoxicants/unwholesome drugs---All the witnesses were on same line that police recovered two sacks containing 35 packets in each and they separated one packet from each sack for chemical examination and sealed the remaining packets in same sacks---Police also sealed both the two packets which were separated from each sack for chemical examination---Evidence of all the said witnesses showed that only 34 packets were sealed in each sack---Mashirnama of arrest and recovery so also FIR disclosed the same facts about the recovery and sealing---Record revealed that the sacks were de-sealed on the request of the DPP for the state before the Trial Court and were found 35 packets of Gutka in each sack---Chemical Examiner's report also showed that two packets were received at Laboratory for the test---Evidence of complainant when considered with the chemical examiner's report, it created very serious doubt about the recovery of alleged Gutka---If those packets which were sent for chemical examination were included in the property brought before the court and was de-sealed it become 36 packets in each sack which was not the case of the prosecution---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

MUHAMMAD ALI ABRO vs State Ss — 2022 MLD 1420 KARACHI-HIGH-COURT-SINDH

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