State vs MUDASAR SHAH S — 2022 YLRN 37 KARACHI-HIGH-COURT-SINDH

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State VS MUDASAR SHAH S. 9(b)---Criminal Procedure Code (V of 1898), Ss. 417 & 265-K---Constitution of Pakistan, Art. 10-A---Possession of narcotics---Appeal against acquittal---Power of court to acquit accused at any stage--- Remand---Requirements--- Non-attendance of witnesses---Effect---Right to fair trial---Scope---Accused was alleged to have been in possession of 800 grams of garda charas---Trial Court acquitted the accused on the ground of non-availability of prosecution witnesses on number of dates fixed for hearing---Held; it was not a good ground to acquit the accused, but at the same time, it could not be ignored that prosecution was duty bound to produce their witnesses in time for an early disposal of the case, because the right of an accused to an expeditious and fair trial has been enshrined in the Constitution----Accused had remained in jail for at least six months, as such, he had sufficiently been punished and had also faced the agony of protracted trial for about two and half years, but decision could not be made on merits---No fruitful purpose would be served if the case was remanded to the Trial Court, which would amount to abuse of process of law and torture the parties---Remand of case, not being a routine matter, should be adopted only when compelling circumstances existed---No compelling circumstances existed to remand the case---Appeal against acquittal was disposed of accordingly.

State vs MUDASAR SHAH S — 2022 YLRN 37 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported