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March 2, 2002 Saturday Zilhaj 17, 1422


KARACHI: SC dismisses state appeal, upholds SHC order


KARACHI, March 1: A three-member bench of Supreme Court of Pakistan on Friday dismissed a petition filed by the state through the AG Sindh praying to grant leave to appeal against the impugned judgment of the Sindh High Court regarding acquittal of an alleged drug trafficker.

The bench, comprising Justice Rana Bhagwandas, Justice Syed Deedar Hussain Shah and Justice Hamid Ali Mirza, observed that “the view taken by the high court is neither perverse, nor artificial, nor against the settled norms for evaluation of evidence. The petition is devoid of any merit hence dismissed accordingly”.

The state filed the petition before the apex court seeking leave to appeal against the SHC judgment in which it acquitted accused Uris son of Moosa, who was convicted by the trial court on charges of possessing drugs by giving him benefit of doubt.

The high court had acquitted the accused on the point that the samples of narcotics recovered from him were sent to the chemical examiner after an inordinate delay of five months.

Earlier, Judge Special Court (Control of Narcotics Substances) Dadu had awarded him seven years rigorous imprisonment and imposed fine of Rs 2000 on him.—PPI






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