Appeal rejected: SHC dismisses female convict’s plea
An anti-narcotics appellate bench dismissed the appeal as being 'merit-less'
Sindh High Court building. PHOTO: EXPRESS
KARACHI:
The Sindh High Court has rejected an appeal by a female convict against her life imprisonment sentence in a narcotics case.
An anti-narcotics appellate bench, comprising justices Naimatullah Phulpoto and Shaukat Ali Memon, dismissed the appeal as being 'merit-less'. The special judge of the Control of Narcotic Substances Court, Tando Allahyar, had awarded life imprisonment to Aasia alias Nafeesa under Section 9(c) of the Narcotic Substances Act of 1997 on March 20, 2013. She was also ordered to pay a fine of Rs500,000 or serve another six months in prison in case of default.
The excise police had alleged that they had received information that Aasia was transporting over 10 kilogrammes of charas from Karachi to Mirpurkhas on a public bus and had arrested her on March 23, 2012. She revealed the name of her accomplice as Saleem but the police were unable to arrest him.
Defence lawyer Muhammad Akbar Khan argued that the prosecution witnesses were all officials of the excise police and the trial court had failed to examine any independent witnesses, such as the passengers of the bus Aasia was allegedly travelling in when she was caught. He added that the case was registered with a delay of two hours after her arrest, while the samples of the contraband were only sent for chemical examination after 72 hours. He contended that the prosecution's story was doubtful on the basis of which the trial court's judgment may be set aside.
On the other hand, assistant prosecutor-general Muhammad Iqbal Awan claimed that the FIR was promptly registered while the bus passengers had refused to depose as witnesses. He added that the accused had admitted to and verified all the incriminating circumstances and material in her statement recorded under Section 342 of the Code of Criminal Procedure before the trial court. He argued that the trial court had rightly appreciated the prosecution's evidence and convicted the appellant.
Ruling that the prosecution had proved its case and established Aasia's guilt, the bench dismissed her appeal.
Published in The Express Tribune, June 4th, 2015.
The Sindh High Court has rejected an appeal by a female convict against her life imprisonment sentence in a narcotics case.
An anti-narcotics appellate bench, comprising justices Naimatullah Phulpoto and Shaukat Ali Memon, dismissed the appeal as being 'merit-less'. The special judge of the Control of Narcotic Substances Court, Tando Allahyar, had awarded life imprisonment to Aasia alias Nafeesa under Section 9(c) of the Narcotic Substances Act of 1997 on March 20, 2013. She was also ordered to pay a fine of Rs500,000 or serve another six months in prison in case of default.
The excise police had alleged that they had received information that Aasia was transporting over 10 kilogrammes of charas from Karachi to Mirpurkhas on a public bus and had arrested her on March 23, 2012. She revealed the name of her accomplice as Saleem but the police were unable to arrest him.
Defence lawyer Muhammad Akbar Khan argued that the prosecution witnesses were all officials of the excise police and the trial court had failed to examine any independent witnesses, such as the passengers of the bus Aasia was allegedly travelling in when she was caught. He added that the case was registered with a delay of two hours after her arrest, while the samples of the contraband were only sent for chemical examination after 72 hours. He contended that the prosecution's story was doubtful on the basis of which the trial court's judgment may be set aside.
On the other hand, assistant prosecutor-general Muhammad Iqbal Awan claimed that the FIR was promptly registered while the bus passengers had refused to depose as witnesses. He added that the accused had admitted to and verified all the incriminating circumstances and material in her statement recorded under Section 342 of the Code of Criminal Procedure before the trial court. He argued that the trial court had rightly appreciated the prosecution's evidence and convicted the appellant.
Ruling that the prosecution had proved its case and established Aasia's guilt, the bench dismissed her appeal.
Published in The Express Tribune, June 4th, 2015.