' FAQIR MUHAMMAD KHOKHAR, J.---A criminal case F.I.R. No, 41 of 2008 dated 19-11-2008 under sections 6/9(c) of Control of Narcotic Substances Act, 1997, was registered against three persons including the respondent, at Police Station, A.N.F., Clifton, Karachi, for recovery of heroin weighing 9.5 kgs. From the suitcase of co-accused Ayyaz Ali Baig, at the Departure Lounge of Karachi Airport.
A learned Single Judge of the Sindh High court, Karachi, vide impugned judgment dated 9-1-2009, converted the bail application of the respondent into petition for quashment. Of proceedings and allowed the same. Hence this petition for leave to appeal.
2. The learned counsel for the petitioner submitted that the respondent was guilty of abetment of offence committed by the other accused as he was found in their company. It was further stated that the learned Judge ought not have quashed the proceedings against the respondent.
3. We have heard the learned counsel at length and have also perused the available record. A bare reading of the F.I.R. And the other material available on record would show that the respondent was an employee of the Civil Aviation Authority who happened to be on duty at the Airport at the relevant time. The mere fact that he was standing close to the other accused would not saddle him with the responsibility of abetment of commission of alleged offence. The learned counsel failed to show us any incriminating evidence against the respondent. In our view, the impugned judgment of the High Court- is just and fair to which no exception can be taken on hyper-technical grounds.
4. For the foregoing reasons, we do not find any merit in this petition which is dismissed and leave to appeal is declined.