| Case ID |
2c3f9b2f-4548-4cb4-a9f7-d6629531e4cb |
| Body |
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| Case Number |
Spl. Cr. Acquittal Appeal No.2 of 1992 |
| Decision Date |
Mar 16, 1992 |
| Hearing Date |
Mar 15, 1992 |
| Decision |
The Sindh High Court dismissed the acquittal appeal filed by the State against respondents Abdul Rashid and Shaukat Hussain Jamot, who were originally acquitted by the Special Judge (Customs and Taxation) Karachi for lack of evidence. The judgment highlighted that there was no substantial evidence to link the respondents to the crime of attempting to smuggle contraband charas. It was determined that the prosecution's case was based on an immature investigation and that the appeal was misconceived. The court emphasized that before an acquittal appeal is admitted for a regular hearing, it must be shown that the lower court's judgment is unreasonable and manifestly wrong, which was not the case here. Thus, the appeal was dismissed in limine. |
| Summary |
In the case of Spl. Cr. Acquittal Appeal No.2 of 1992, the Sindh High Court examined the appeal against the acquittal of Abdul Rashid and Shaukat Hussain Jamot by the Special Judge (Customs and Taxation). The prosecution alleged that the respondents were involved in the smuggling of 880 kilograms of charas, but the evidence presented was insufficient to establish any connection to the crime. The court outlined the legal standards required for an appeal against acquittal and concluded that the prosecution's case was based on an immature investigation. The court referred to precedents highlighting the distinction between preparation and attempt in criminal law, ultimately dismissing the appeal due to a lack of evidence linking the respondents to the alleged crime. This case emphasizes the importance of substantial evidence in criminal proceedings and the high burden of proof required for successful prosecution in smuggling cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
QAISER AHMED HAMIDI
|
| Lawyers |
Mr. Nazar Hussain Dhoon
|
| Petitioners |
THE STATE THROUGH THE PAKISTAN COAST GUARDS, KARACHI
|
| Respondents |
ABDUL RASHID,
SHAUKAT HUSSAIN JAMOT
|
| Citations |
1992 SLD 299,
1992 MLD 2298
|
| Other Citations |
Abdul Ghaffar Khan v. The State 1991 MLD 1823,
Abdul Majid v. The State 1973 SCMR 108,
Crown v. Muhammad Rafique Safdar and others PLD 1952 Sindh 28,
Central Board of Revenue and another v. Khan Muhammad PLD 1986 SC 192,
Hyder Khan and another v. The State 1991 PCr.LJ 1841
|
| Laws Involved |
Customs Act, 1969,
Criminal Procedure Code, 1898
|
| Sections |
156(1)(8),
185-F,
417
|