KARACHI: An appellate bench of High Court of Sindh (SHC) comprising Justice Karim Khan Agha and Justice Khadim Hussain Tunio dismissed a criminal acquittal appeal filed by Anti Narcotics Force (A.N.F) against employee of a clearing agency.
The bench heard the appeal against acquittal of accused Imran Ahmed represented by Umer Farooq Advocate. The accused/respondents were booked after ANF men recovered the contraband from eight wooden tables, stuffed in a container No hasu-4104843 at PICT, Keamari on 15-4-2013.
The counsel for appellant/ANF submitted that trial court failed in appreciating the evidence adduced by the prosecution that the heroin powder so recovered from the wooden tables was concealed by the respondents to import the same through contained from Karachi to Belgium.
Umer Farooq Advocate representing the accused/respondent argued that there was no direct evidence against his client. The accused produced the documents of export during course of investigations and also disclosed the name of main culprit who owned the wooden tables consignment.
Interestingly during evidence, the Prosecution Witnesses themselves stated that respondents were neither wholesalers or manufacturers and as such has no concern with the tables in which contraband was concealed.
The court also noted that s0ome statements under section 161 Cr.P.C were taken one year after the alleged date of recovery and hence cannot be relied upon.
The bench after hearing the counsel for respondents dismissed the Criminal Acquittal Appeal.