KARACHI, July 6: The Supreme Court of Pakistan’s bench at Karachi on Saturday dismissed the plea of SHO Jamshed Quarters against the acquittal of three accused and upheld the verdict of the Sindh High Court.

The apex court’s two-member bench, comprising Justice Syed Deedar Hussain Shah and Justice Hamid Ali Mirza, was hearing a criminal petition seeking leave-to-appeal against a judgment of the SHC announced on March 15, 2002, in which proceedings of special case under section 9(B) of Control of Narcotics Substance Act, 1997 were quashed and accused acquitted.

The Supreme Court order said: “respondent/accused Sarfraz Butt through a criminal miscellaneous application had sought quashment of proceedings of case pending against him in the court of the judge of Special Court for Control of Narcotics, Karachi, on the basis of report of re-investigation made by the crime branch whereby the said case against the respondent was disposed of as “B” class being false FIR, bearing No. 27/ 2001 lodged on July 05, 2001”.

The appellant in the capacity of SHO Jamshed Quarters on behalf of the state had initiated the said proceedings which on re-investigation were found to be false, the bench observed.

The appellant in his individual capacity has no locus standi to challenge the impugned judgment of SHC and in case the appellant is aggrieved by any order passed by the police authorities or on the basis of which a case has been registered against him, he could challenge the said order of the concerned authorities or registration of case against him before the competent forum in accordance with the law.

The apex court observed that the present petition is incompetent having been filed by an incompetent person in his individual capacity and not on behalf of the state.

It is also barred by 17 days for which no sufficient cause for coordination of delay has been shown. Therefore, on the said grounds as well this petition is liable to be dismissed.

Appellant’s counsel, Khawaja Naveed Ahmed submitted that SI Mohammad Aslam Jagrani of Jamshed Quarter PS lodged a report on behalf of the state in respect of offence under section 6/9 of Control of Narcotics Substance Act against Sarfraz Butt, Kamran Butt and Imran Butt.

It was also stated that Kamran Butt locked the complainant, SI police Mohammad Aslam Jagrani and constable police Shafiqur Rehman in a room from whom SHO Rehmatullah Khan Marwat, along with a police party, got them released.

Later, accused Sarfraz Butt filed a petition in the SHC, and stated that he was falsely involved in the case and sought order for re-investigation of the case by the crimes branch and registration of an FIR against the police party.—PPI