' SAIYED SAEED ASHHAD, J.--- This petition for leave to appeal has been filed by the petitioner to assail the judgment of High Court of Sindh, Karachi, dated 10-5-2006 in Criminal Appeal No,539 of 2005.
2. The brief facts are that petitioner was intercepted by a police party while going at Jail Chowrangi on his scooter. On search he was found in his possession of five packets each containing ten grams of Charas. The Charas was seized, petitioner was arrested and F.I.R. Was recorded and after investigation he was challaned in the Court of special Judge under the Control of Narcotic Substances Act, 1997. The trial Court convicted the accused to 10 years' R.I. With a fine of Rs,2,00,000 and in default of payment whereof he was to undergo further 12 months' imprisonment. The judgment of the trial Court was assailed before the High Court but his appeal was dismissed, hence this petition for leave to appeal.
3. Mr. Mujeeb Pirzada, learned Advocate Supreme Court who appeared on behalf of the petitioner vehemently assailed the judgments of the trial Court as well as High Court and stated that both of them have completely overlooked grave and serious infirmities and contradictions in the evidence of the witnesses; non-examination of important witnesses namely, author/ascribe of the Mashirnama of recovery of the alleged Charas; the contradictory evidence relating to the apprehension of the petitioner as given by P.W.1 in his statement under section 161, Cr.P.C. And in his evidence in Court; and discrepancies in the weight of two packets containing Charas.
4. Besides the above he further submitted that the trial Court during the proceedings found one of the prosecution witnesses not to have observed the sanctity and propriety of the Court proceedings as he made gestures and signs suggesting answers to another prosecution witness which fact was noted by the learned trial Court in the judgment. He submitted that such conduct of prosecution witnesses adversely reflected their reliability and was sufficient to discard their testimony.
5. The contention advanced by Mr. Mujeeb Pirzada requires consideration for which purpose fresh examination and appraisal of evidence to be made.
6. According leave to appeal is granted to reappraise the evidence. Notice to the respondents s well as Advocate-General, Sindh of the main petition as well as of the C.M.A. Be issued.