KARACHI, May 6: An appellate bench of the Sindh High Court, comprising Justice Wahid Bux Brohi and Justice Rehmat Hussain Jaffery, acquitted an accused Abdul Hayee after serious lacunas were found in the documents prepared by the excise inspector and investigating officer Mohammad Ajmal Tufail.

When the appeal by Abdul Hayee came up for hearing, AAG Sindh Habib Ahmed told the court that the excise officials are not performing their duty properly. When the charas slabs were opened before the trial court, marks were found on each slab.

The investigating officer, however, not entered the marks. "I fail to understand what prevented the IO from recording the marks, weights, and other descriptions to prove the recovery, said AAG Habib Ahmed.

At the pointation of court that prosecution failed to examine the only natural and private witness to recovery, AAG conceded the point and said that of late a trend has been set up by the excise officials to examine two prosecution witness at the most.

The AAG also said that the IO even failed to sign the memo of recovery. The bench observed that even the availability of recovered charas is doubtful. The bench appreciating the mitigating circumstance then acquitted the accused. -APP