KARACHI, Sept 5: A special Custom appellate bench of High Court of Sindh, comprising Justice Mohammad Mujeebullah Siddiqui, on Monday allowed an appeal filed by a convict and directed the Collector of Customs to take departmental action against the then Deputy Superintendent and Inspector Customs.

The bench also directed that report of action be submitted before the MIT of SHC. The bench was hearing an appeal filed by one Moinuddin who was booked on alleged charge of attempt to smuggle 40 kilograms of silver to India.

The appellant was tried by a Customs Court which sentenced him to a seven-year jail term, fined for Rs 100,000 and in case of default was ordered to serve another two years in prison.

The bench, perusing the case papers, held that apparently accused suffered due to a foisted case and hence officers responsible for trouble to an innocent citizen shall not go unpunished.

Hearing another appeal filed by the state against the acquittal of an accused involved in heroin powder smuggling case, the bench dismissing the state appeal held that it found no defect in judgement of the trial court as prosecution failed to establish the factum of recovery, sealing of heroin powder and other incriminating material.

The same bench also allowed an appeal filed by a convict Mohammad Rafique alleged to be involved in smuggling of 18,000 kilograms of beetle-nuts.

The bench held that the accused was not named in FIR, nor named in charge-sheet and that the trial court failed to order an inquiry before issuing notice to the accused.

The bench declared the proceedings before the trial court and conviction of appellant as void and ab-initio.

Deciding another appeal filed by four convicts, the bench upheld the acquittal recorded by the trial court. According to prosecution, Major (Retd) Tariq Yousuf, Major (Retd) Mehmood Ghaznavi, Mohammad Fida Ansari and Zaki Pasha were booked on charge of attempt to smuggle out 575 kilograms of charas to Saudi Arabia.

The contraband was recovered from the 66 wooden boxes booked by accused Tariq Yousuf. The bench, endorsing the acquittal by the trial court, held that prosecution failed to establish any connection of accused with the crime.

bail cancelled: Justice Rehmat Hussain Jaffery of the Sindh High Court on Monday cancelled bail of an accused involved in an attempt to murder case and sent him to prison.

Abdul Sattar moved the court against the grant of bail to accused Mohammad Yousuf by the ADJ-III, South.

According to prosecution, the accused was stopped by the complainant, Abdul Sattar, from an objectionable act in front of his house. Yousuf in rage brought a T.T pistol and fired at Abdul Sattar. He was booked by the Bahgdadi police under Dection 324. He was admitted to bail by the ADJ against a surety of Rs50,000.

The SHC bench, after hearing the sides, cancelled the bail. The court ordered that he may be taken into custody.

Afaq mother’s plea: Ms Akhlaq Jehan, mother of Afaq Ahmed, chairman, Mohajir Qaumi Movement Haqiqi filed a constitutional petition before High Court of Sindh (SHC) here on Monday, citing the home secretary, the IG Prisons and other officials respondents.

The petitioner apprehends that her son may be shifted from Central Prison Karachi to any other jail in the interior of Sindh causing hardship to the family and Afaq Ahmed, facing a number of cases before courts in Karachi. The petitioner relying also prayed to the court to direct the authorities for taking measures to protect the life of Afaq Ahmed.

The petition is likely to come up for hearing in next few days.—APP