SHC dismisses appeal of convict in drug smuggling case

The Sindh High Court (SHC) has dismissed the appeal of a convict in a drug smuggling case, observing that the prosecution had proved its case against the appellant beyond any reasonable doubt.

Appellant Syed Ameenullah had been sentenced to life imprisonment by the Malir additional district & sessions court for possessing 57kg of charas. According to the prosecution, police had arrested the appellant on March 15, 2021, from the Gadap area and recovered 57kg of charas from his vehicle.

His counsel said the prosecution had failed to prove the recovery of the alleged narcotic drug, yet the trial court recorded the conviction assigning the reasons that were contrary to the evidence available on record.

He said that there were material contradictions in the statement of the witnesses, which have made the recovery of the alleged narcotic drug highly doubtful, but the trial court failed to appreciate that aspect of the case.

He also said that the alleged recovery of charas from the possession of the appellant was doubtful, and that despite prior information, the complainant failed to associate any private person to witness search and recovery, so benefit should be extended to the appellant.

The deputy prosecutor general supported the trial court’s order, saying that the prosecution had proved its case against the appellant beyond any doubt. The prosecutor said the prosecution had produced evidence to establish safe custody and safe transmission of the case property.

After hearing the arguments, an SHC division bench comprising Justice Zafar Ahmed Rajput and Justice Tasneem Sultana observed that it appeared that the prosecution had taken all the necessary steps to ensure safe custody of the recovered material, which was ultimately confirmed as charas through the report of the chemical examiner.

The bench said that as regards the contention of the appellant’s counsel that there are contradictions and discrepancies in the evidence of prosecution witnesses, it may be observed that minor discrepancies do not cast doubt on the guilt of the appellant in the judicial mind of the court.

The SHC observed that the prosecution had proved its case against the appellant beyond any reasonable doubt.The SHC dismissed the appeal by maintaining the conviction and sentence awarded to the appellant.