Case Details

Citation(s)
2017 SLG 2731 2017 SLD 2731 2017 PCRLJ 1399
Sindh High Court
Criminal Jail Appeal No. D-7 of 2015, decision & hearing Dated: 25-02-2016.
AQEEL AHMED ABBASI, JUSTICE SHAHNAWAZ TARIQ, JUSTICE
Petitioner(s) by: Amanullah
Respondent(s) by: Zulfiqar Ali Jatoi, D.P.G.

NAZAR MUHAMMAD

VS

THE STATE

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),25,29

Law: Qanun-e-Shahadat (10 of 1984)

Section: 121

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 25---Criminal Procedure Code (V of 1898), S. 103---Qanun-e-Shahadat (10 of 1984), Art. 121---Possession, import or export, trafficking or financing of trafficking of narcotic drugs---Appreciation of evidence---Mode of making search and arrest---Burden of proving that case of accused fell within exceptions---Association of public/private witnesses under S. 103, Cr.P.C., requirement as to---Applicability---Statement of police witnesses---Evidentiary value---Complainant and Investigating Officer being the same person---Effect---Prosecution's prerogative as to number of its witnesses to be examined---Delay caused in completion of formalities---Effect---Minor contradictions/improvements---Effect---Prosecution case was based on the evidence of the complainant/Excise Inspector and mashir/Excise Constable supported by the Chemical Analyzer's report---Both said witnesses had narrated the similar facts of the case, including snap checking, arrest of the accused and recovery of 120 kg Charas from the secret cavities of the truck wrapped in 120 packets weighting 1 kg each---Prosecution witnesses had deposed the details of the incident in the same line and fully supported the averments of the FIR and mashirnama of arrest and recovery as well as corroborated the evidence of each other---Defendant had failed to shatter the authenticity of the prosecution evidence during the cross-examination---Provisions of S. 103, Cr.P.C. for association of two public persons, was not applicable in cases of recovery of narcotics from a moving vehicle on the Highways---Police witnesses were as good and respectable as other public witnesses and their statements could not be discarded merely for the reason they were the police employees---Accused had failed to point out any kind of animosity or ulterior motives on part of the complainant regarding his false involvement in present case---Accused raised the objection that the police had released the real culprit, but he had not moved any application before the higher authorities by disclosing the name of the actual culprit nor made any complaint for transfer of the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492