Law: Criminal Procedure Code (V of 1898)

Section: 173,190

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Criminal Procedure Code (V of 1898)--- ----S.173---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possession of narcotics---Report of police officer---Discharge of accused---Scope s assailed the order passed by Magistrate whereby the accused was discharged from the charges after the Investigating Officer had found him innocent---Accused was alleged to have been found in possession of 60 kilograms of charas and 20 kilograms of opium---Report of Investigating Officer revealed that the signature of first witness of recovery memo were not available on the recovery memo; that the said witness had also denied recovery of contraband in his presence; that the earlier Investigating Officer of the case had stated that he was neither appointed as the Investigating Officer nor had he gone to the place of occurrence; that neither the contraband was sealed nor any parcel was made and it was found to be laying open in the police station and that one of the petitioner had arranged the charas and opium just to save himself and others from the consequences of the FIR which was registered against them under Ss. 365-A, 342, 416 & 34, P.P.C., by the brother of accused---Two of the petitioners were DSPs and one of them was SP at CID police station at the relevant time and after departmental inquiry they were dismissed from service on the basis of said allegations---No illegality or irregularity was committed by the Magistrate in discharging the accused---Petition was dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 173---Report of police officer---Scope---Investigating Officer is not bound to base his conclusion on version of informant or defence but on 'actual facts', discovered during the course of investigation---Such conclusion shall be submitted in shape of prescribed form, as required by S. 173, Cr.P.C. Mst. Sughran Bibi v. The State PLD 2018 SC 595 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 173---Report of police officer---Scope---Section 173, Cr.P.C., nowhere describes as to how the Magistrate shall deal with such report, it, however, empowers the Magistrate to agree or disagree with the act of Investigating…

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