49/2018 Criminal Appeal Eidhan Bhatti (Appellant) V/S The State (Respondent)

Sindh High Court2019

Bench: Hon'ble Mr. Justice Muhammad Iqbal Mahar, Hon'ble Mr. Justice Irshad Ali Shah(Author)

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49/2018 Criminal Appeal Eidhan Bhatti (Appellant) V/S The State (Respondent) Sindh High Court Bench: Hon'ble Mr. Justice Muhammad Iqbal Mahar, Hon'ble Mr. Justice Irshad Ali Shah(Author) Order Date: 11-NOV-19 Appellant filed appeal against conviction and sentenced him to undergo Rigorous Imprisonment for five years and to pay fine of Rs.20,000/. Police party while on patrolling, came to know through spy information that few persons with narcotics are going on their motorcycle. There were found coming four persons on two motorcycles, they were signaled to stop, they fired at the police party They were also fired at, resultantly appellant and co-accused Haq Nawaz fell down on the ground after sustaining fire shot injuries, . On search from the appellant, was secured pistol of 30 bore and 1210 grams of heroin powder. There is no independent witness to the incident, though the police party was having advance information of the incident The appellant too has been acquitted in police encounter case by the Court having jurisdiction. The property has been subjected to chemical examination on 3rd day of its recovery without any explanation to such delay. e impugned judgment are set-aside, the appellant is acquitted of the offence .Appeal allowed .
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