Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Civil Procedure Code (V of 1908), S.103---Possession of narcotics---Appreciation of evidence---Appeal against acquittal---Prosecution case was that ten bundles of charas each weighing one kilogram were recovered from the bag of accused---Record showed that it was a case of spy information---Evidence of complainant revealed that at the time of arrest of the accused so many people were there, despite that, complainant did not bother to associate any independent person from the place of incident to witness the arrest and recovery proceedings---Provisions of S.103, Cr.P.C. were not attracted in case of personal search of the accused in narcotics cases; however, where alleged recovery was made in a hotel and people were available there, omission to secure independent mashirs, particularly, in the case of spy information, could not be brushed aside lightly by the Court---Number of contradictions existed between the statements of witnesses, which were material and fatal to the prosecution case---Judgment of the Trial Court was based upon sound reasons, which was neither perverse nor arbitrary---High Court would interfere only if the was arbitrary, capricious or against the record---Judgment of Trial Court did not suffer from any mis-reading and non-reading of the evidence---Appeal was dismissed in circumstances. State/Government of Sindh through Advocate General Sindh, Karachi v. Sobharo 1993 SCMR 585 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 103---Search to be made in presence of witness---Object and scope---Prime object of S.103, Cr.P.C. was to ensure transparency and fairness on the part of police during the course of recovery and to curb false implication and minimize scope of foisting fake recovery upon accused. THIS JUDGMENT DELIVERED BY: ABDUL MAALIK GADDI, J.--- This criminal acquittal appeal has been filed by the State/Anti-Narcotic Force through its Deputy Director (Law), ANF against the judgment of the learned Special Court-I (Control of Narcotic Substances) Karachi, dated 31.08.2006 in Special Case No.82 of 2005 relating to Crime No.26/2005 registered at police station ANF…

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