Case Details

Citation(s)
2016 SLG 3864 2016 SLD 3864 2016 YLR 2173
Lahore High Court
Criminal Appeal No. 1572 of 2006, heard on 10th November, 2015. Date of hearing: 10th November, 2015.
MUHAMMAD ANWAARUL HAQ AND CH. MUSHTAQ AHMED, JUSTICE
Muhammad Latif Khawaja for Appellant. Rana Abdul Majeed, Deputy Prosecutor General for the State.

RAFAQAT ALI

VS

. THE STATE--Respondent

Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)----- -----Ss. 9 (c) & 6-----Criminal Procedure Code (V of 1898), S. 103-----Possession of narcotic drugs etc.-----Appreciation of evidence-----Police officials as sole recovery witnesses, competency of-----Principles-----Accused was alleged to have been arrested while he was in possession of forty kilogram of "Poast"-----Trial Court, having convicted accused, sentenced him to undergo life imprisonment along with payment of fine-----Recovery witnesses had fully supported the complainant's version-----Prosecution witnesses had been put to lengthy cross-examination, but defence could not shatter their testimony on material points like date, time and place of recovery of contraband material from the accused-----Prosecution case was although based on the testimony of police officials only, but no ill-will or animosity had been brought on record during investigation and trial, that could prompt the police witnesses to falsely involve the accused in present case-----Police witnesses were as good and competent witnesses as anybody else, unless they were proved to be inimical against the accused-----Report of Chemical Examiner was positive, which had corroborated the ocular account furnished by the prosecution witnesses-----Prosecution had proved the charge against the accused beyond shadow of reasonable doubt-----Appeal was dismissed accordingly. (b) Criminal Procedure Code (V of 1898)----- -----S. 103-----Search to be made in presence of witnesses-----Object of S.103, Cr.P.C.-----Police officials as sole recovery witnesses, competency of----- Principles----- General tendency exists that people from public are reluctant to become witnesses due to fear of desperate persons-----Non-association of members of public in recovery proceedings is neither a requirement of law nor an absolute rule-----Main aim and object of enacting S.103, Cr.P.C. is to ensure that the search and recovery is conducted honestly and fairly and to exclude the possibility of concoction and transgression-----Section 103, Cr.P.C. is never meant to disbelieve official witnesses under any circumstance. Yaqoob Shah v. The State PLD 1976 SC 53;…
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