ABDUL AZIZ vs State S — 2022 PCrLJN 118 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ABDUL AZIZ VS State S. 497---Penal Code (XLV of 1860), Ss. 269, 272 & 337-J---Negligent act likely to spread infection of disease dangerous to life, adulteration of food or drink intended for sale, causing hurt by means of a poison---Bail, grant of---Further inquiry---Recovery of alleged 230 packets/puries of Gutka/Mawa---No private witness had been associated by the complainant despite the fact that the alleged place was situated in populated area and it was day time---Whole case of the prosecution was based upon the evidence of police officials, therefore, no question did arise for tampering the same at the hands of accused---No doubt the evidence of police officials was as good as private persons, but their evidence was required to be minutely scrutinized at the time of trial, whether the alleged incident had taken place in the manner as stated in FIR or otherwise---Sections 269 & 272, P.P.C. were bailable but S. 337-J, P.P.C. was not bailable, however, alleged hazardous/ poisonous substance was not administered to anybody at hands of the accused---Nothing was on record that the accused was selling Gutka/Mawa as no evidence of any purchaser was on record---Accused had been in continuous custody since his arrest and was no more required for purpose of investigation nor the prosecution had claimed any exceptional circumstance, which could justify keeping him behind the bars for an indefinite period---Accused was not previously involved in same nature of cases---Held, keeping in view the peculiar facts of the case as well as minimum punishment, which might normally be considered while dealing with bail plea, scale tilted in favour of grant of bail---Accused was admitted to bail, in circumstances.

ABDUL AZIZ vs State S — 2022 PCrLJN 118 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported