ABDUL QAHIR vs State S — 2023 YLRN 14 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 QAHIR VS State S. 497---Penal Code (XLV of 1860), 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 poison---Bail, grant of---Further inquiry---Non-availability of Chemical Examiner's report---Non-association of independent witnesses---Effect---Accused was alleged to have been found in possession of 15750 packets of gutka---Gutka was sent to the Chemical Examiner after a delay of about 3 days---Chemical Examiner's report was still awaited---Police had failed to examine any person who was allegedly found purchasing gutka from the accused and/or the accused was administering the same to him and that any such complaint was ever made by any person from society to show that the accused was involved in such an injurious case, which was the basic ingredient of S.337-J, P.P.C.---Alleged hazardous material was not recovered from the exclusive possession of the accused---Place of incident was stated to be a busy road but no private person was associated to witness the recovery proceedings---Application of S. 337-J, P.P.C., was yet to be established by the prosecution after recording of evidence---Case against accused required further inquiry within the meaning of subsection (2) of S. 497,Cr.P.C., in circumstances---Bail was allowed, in circumstances.

ABDUL QAHIR vs State S — 2023 YLRN 14 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported