PESHAWAR, June 23: A two-member bench of the Peshawar High Court on Wednesday set aside conviction of awoman facingdrug-related charges and transfered her case back to a trial court.
The bench comprising Justice Tariq Pervez and Justice Qaim Jan Khan also granted bail to the appellant, Rashida, and directed that she should be released after furnishing two sureties of Rs20,000 each.
The court also ordered an inquiry into certain errors in the trial of the woman and directed the Nowshera district and sessions judge to fix responsibility on the official concerned of the court and take disciplinary action against the official.
The appellant, hailing from Attock, was arrested by the Railways Police near Jehangira, Nowshera, on Nov 22, 2002, and from her possession 5kg of charas was seized. The additional district and sessions judge, Mah Tallat, convicted and sentenced her to five-year imprisonment with fine of Rs25,000.
The appellant's counsel contended that the complainant and investigation officer in the case was SHO Gohar Rehman. He contended that during trial of the appellant the name of Gohar Rehman was not mentioned in the statement of the investigation officer, rather name of another SHO, Mumtaz Khan, was mentioned.
He added that the error was noted till conclusion of the trial. During previous hearing the bench had summoned SHO Mumtaz Khan, who stated under oath that he had retired more than a year ago and had never appeared before the trial court.
