1. This is a revision application against the judgment of the Additional Sessions Judge, Karachi, dismissing the appeal against the judgment of the Additional City Magistrate, Karachi, convicting the appellant for an offence under section 43. (3), Abkari Act and sentencing him to undergo R. I.
2. For 6 months and pay a fine of Rs. 1,000 or in default to undergo R.I. For 3 months.
3. Mr. F. I. Ansari, Excise Inspector received spy information that the applicant was selling foreign liquor 'White Horse' whisky duty free, which was contraband. He decided to lay a trap by setting up a bogus purchaser. Misri Khan was called. An amount of Rs. 200 was given to him to purchase four bottles of whisky. They along with two mashirs Ismail and Usman proceeded to Kharadar. Misri Khan waited in a hotel while the others waited at some distance. At about 1 p. m. The applicant went to the hotel and a bargain was struck at Rs. 50 per bottle. It was agreed that the bottles would be delivered at 7 p. m. At the same hotel. Thereafter Misri Khan, Inspector as well as the mashirs left.
4. At about 5 p. m. They again went to the same spot and took up the positions as before. The applicant delivered four bottles of whisky to Misri Khan and received the tainted currency notes.
5. Signal was given and the Inspector along with the mashirs arrived. On search they secured the tainted money from the Posses--sion of the applicant and four bottles of whisky from Misri Khan. A case was registered and the applicant was challaned. He proclaimed his innocence.
6. At the trial, the prosecution examined Ismail, Misri Khan, Usman and Mr. Ansari, while the applicant examined two defence witnesses Nur Muhammad and Anwar Illahi.
7. The learned Magistrate, on the assessment of the evidence found the applicant guilty of the offence. The appeal against the conviction and sentence was dismissed. Consequently, the present revision application has been filed.
8. On perusal of the record and the proceedings and hearing the counsel for the applicant and the State I am unable to uphold the conclusions reached .By the lower Courts, Of course all the witnesses supported the prosecution but there are circumstances creating doubt about their integrity. It was rightly urged by the learned counsel for the applicant that the Inspector had not called any independent prison to act as mashir. Misri Khan was the bogus purchaser and, therefore, a decoyed witness. Ismail and Usman were stock witnesses as they had been acting as mashirs in several excise cases. Ismail is a dealer in scrap but be has neither any shop nor any hand-driven cart. He claims to keep the scrap in a bag. He was passing at the time when he was called by the Inspector to act as mashir. He admitted that he had appeared as prosecution witness in a number of cases, and the Inspector was already known to him. The other mashir Usman is a labourer. He was also going after finishing the Work when be was called by the Inspector to act as mashir. He too had appeared as a mashir in some earlier case. It is strange that at this psychological moment only those persons happened to pass who were already appearing as witnesses in other excise cases. No respectable person of the locality was called. This creates doubt about the genuineness of the trap which was said to have been laid, I am, therefore, inclined to give benefit of a doubt to the applicant.