Law: Criminal Procedure Code (V of 1898)

Section: 342

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Criminal Procedure Code (V of 1898)--- ----S.342---Statement of accused under S.342, Cr.P.C.---Scope---Statement of accused under S.342, Cr.P.C., was not a mere formality rather it was a bounden duty of the Trial Court to question the accused on proven circumstances or proven evidence---Circumstances/evidence, which was not put to an accused in his examination under S.342, Cr.P.C., could not be used against him and liable to be excluded from consideration. Muhammad Nawaz and others v. The State and others 2016 SCMR 267 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S.9(c)---Criminal Procedure Code (V of 1898), S.342---Possession of Narcotics---Appreciation of evidence---Benefit of doubt---Incriminating material was not put to the accused during his examination---Effect---Prosecution case was that 1500 grams of charas was recovered from the Gathri of the accused---Perusal of statement of accused under S.342, Cr.P.C. clearly demonstrated that certain material questions/incriminating evidence was not put to the accused while examining him under the said section---First and foremost question as to whether the prosecution evidence was recorded in the presence of the accused and he understood the same was not even put to him---Non-formulating of such a vital question and non-affording the accused an opportunity to respond the same, meant that the entire prosecution evidence being used against him was not recorded in his presence---Said fact alone was sufficient to believe that the Trial Court did not go through the prosecution evidence while recording statement of the accused under S.342, Cr.P.C, and felt it satisfied to put forth the facts of crime report to the accused, which in no manner could take place of prosecution evidence---Recovered charas was never confronted to the accused while examining him under S.342, Cr.P.C. and as such, the same could not be used against him in any eventuality for maintaining his conviction and sentence---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Muhammad Shah v. The State 2010 SCMR 1009 rel. Mian Muhammad Mushahid Asghar for Appellant.…

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