' This is an appeal from the judgment of IIIrd Additional Sessions Judge, Karachi, dated 10-8-1986, whereby the appellant has been convicted of offence under Article 4 of Prohibition (Enforcement of Hadd) Order, 1979 (hereinafter referred to as the said Order) for having. Been found in possession of 250 grams of heroin and sentenced to suffer R.I. For five years, ten stripes and to pay a fine of Rs, 2,000 or in default of payment of fine to further undergo, R.I. For six months.
2. The allegation against him was that Excise Inspector Shaukat Bukhari held the appellant near Masjid-e-Mustafa Singo Lane, Karachi on 28-11-1985 in presence of Abdul Qadir (P.W.1) and Shahid (not examined) and secured five purris of heroin each containing 50 grams each. Such mashirnama was prepared and F.I.R. Was lodged on the same day. The recovered heroin was sent to the Chemical Examiner whose report is positive. After ,completing investigation the appellant was sent up for trial.
3. In support of the prosecution case there is evidence of P. W.2 Shaukat Bukhari complainant and mashir P.W.1 Abdul Qadir. In cross-examination both these witnesses were asked whether Abdul Qadir had been a witness in any other case of this complainant. Both the witnesses replied in the negative.
4. Khawaja Naveed Ahmad, learned counsel for the appellant has produced photostat copies of two F.I.Rs in which Shaukat Bukhari is complainant and Abdul Qadir has been shown as a witness of recovery.
' He has stated that these copies were procured after the decision of this cases and therefore, he should be allowed an opportunity to confront the witnesses with these documents. He has also cited an unreported decision in Criminal Appeal No, 36/K of 1986, in which the case was remanded on similar ground i.e, for confronting the witnesses with the documents to challenge their credibility. The learned counsel for the State has no objection if the case is remanded for the above purpose. The learned counsel for the appellant has produced photostat copies of the two F.I.Rs, which may be kept on the record.
5. The case is remanded to the trial Court for the purpose of recalling the two witnesses namely Shaukat Bukhari, Excise Inspecto and Abdul Qadir (P.W.1) to enable the defence counsel to confront the witnesses with these documents and then decide the case afresh. The trial Court shall also be at liberty to call the other mashir Shahid, who has been given up by the prosecution and examine him as Court witness.
6. Consequently the conviction and sentences are set aside and the case is remanded to the trial Court to decide it afresh in the light of the above observations. The appellant is in custody and he shall continue to be in custody pending the decision, of the trial Court, subject to the discretion of the learned trial Judge unde section 497, Cr.P.C., which he shall exercise on merits, if moved in this behalf.