ASIF ALI vs State S — 2022 PCrLJN 37 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.

ASIF ALI VS State S. 497--- Penal Code (XLV of 1860), Ss. 269, 270, 272, 273 & 337-J---Negligent act likely to spread infection of disease dangerous to life, malignant act likely to spread infection of disease dangerous to life, adulteration of food or drink intended for sale, sale of noxious food or drink and causing hurt by means of a poison---Bail, grant of---150 packets of Panparag, 321 packets of Panparag Gutka lying on the table were taken into possession by the police---Accused disclosed that he was selling Panprang Gutka at his shop---No consumer had been shown to have purchased the said intoxicant material---High Court observed that item so recovered being easily available in the market could be foisted upon an innocent person by the police---Not only the report submitted by Chemical Examiner was legally laconic but safe custody of the recovered substance as well as safe transmission of the separated samples to the office of Chemical Examiner had also not been established by the prosecution---All the prosecution witnesses were police officials and no private person had been cited as Mashirs, though the place of incident was a thickly populated area---Nothing was available on record to show that accused was ever involved in similar case in the past----Investigation in the case was complete therefore, accused was no longer required to police for further investigation---Accused was granted bail, in circumstances.

ASIF ALI vs State S — 2022 PCrLJN 37 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported