Law: Criminal Procedure Code (V of 1898)

Section: 265-k,161

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 265-K & 161---Power of court to acquit accused at any stage---Examination of witnesses by police--- Accomplice--- Accomplice is unworthy of credit---Scope---Prosecution case was that the main accused, since acquitted, disclosed to Investigating Officer that in presence of the appellant another co-accused had sought his help to get the consignment cleared for export wherein the contraband was being smuggled---Statement of main accused recorded under S. 161, Cr.P.C. was not admissible in evidence---No other material was available on case file which could show the appellant's nexus with the smuggling bid---No probability of the appellant being convicted existed---High Court observed that further proceedings in the case would be nothing but a futile exercise which had to be curbed under S. 265-K, Cr.P.C.---Appeal was allowed and the appellant was acquitted of the charge. (b) Criminal Procedure Code (V of 1898)--- ----S. 265-K---Power of court to acquit accused at any stage---Scope---Language of S. 265-K, Cr.P.C. envisages that nothing in Chapter XXII-A, Cr.P.C. shall prevent a court from acquitting an accused at any stage of the case, if, after hearing the prosecution and the accused and for reasons to be recorded, it considers that there is no probability of the accused being convicted of the charge. JUDGMENT LAL JAN KHATTAK, JUSTICE:---.---This criminal appeal is directed against the order dated 23.2.2017 of learned Judge, Special Court (CNS) Peshawar, whereby application of the appellant for his acquittal under section 265-K, Cr.P.C. has been dismissed. 2. Brief facts of the case are that on 22.09.2011, Sub-Inspector Mushtaq Ahmad of Police Station ANF, Peshawar received information regarding smuggling of narcotics to Australia. In order to foil the bid, he reached Dry port Peshawar along with other police personnel and found there a person, standing beside some cots intended to be exported, who disclosed his name as Gul Anwar. On cursory enquiry, he admitted presence of heroin in the wings of the cots. Pursuant to the disclosure, the complainant dissected the cots' wings and found therein heroin which on…

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