Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Non-association of private persons---Scope---Allegedly, 1100 grams of charas was recovered from the possession of accused---Record showed that accused was arrested from main street but no independent persons of the locality had been associated in recovery proceedings---Only the Police Officials who were subordinates to the complainant were made as mashirs of arrest and recovery proceedings---Provisions of S. 103, Cr.P.C., were not attracted to the cases of personal search of accused in narcotic cases but where the alleged recovery was made on a street as had happened in the present case and the people were available there, omission to secure independent mashirs, particularly, in police case could not be brushed aside lightly by the court---No explanation on record why no any independent person from the vicinity had been joined to witness the recovery proceedings---Circumstances established that the prosecution had failed to prove the guilt against the accused beyond any reasonable doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Ikramullah and others v. The State 2015 SCMR 1002 and Tariq Pervez v. The State 1995 SCMR 1345 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 103---Search to be made in presence of witnesses---Object---Prime object of S. 103, Cr.P.C., was to ensure transparency and fairness on the part of police during the course of recovery, curb false implications and minimize the scope of foisting fake recovery upon accused. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)--- Testimony of Police Officials, reliance upon---Scope---No doubt, police witnesses were as good as other independent witnesses and conviction could be recorded on their evidence, but their testimony should be reliable, dependable, trustworthy and confidence worthy---If such qualities were missing in their evidence then no conviction could be passed on the basis of evidence of police…

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