| Citation(s) |
|---|
| 2011 SLG 6615 2011 SLD 6615 2011 PCRLJ 1342 |
Sindh High Court
Criminal Jail Appeal No. 87 of 2009, decided on 28th April, 2011.Dates of hearings: 24th, 26th November, 2010 and 3rd December, 2010.
Before Gulzar Ahmed and Imam Bux Baloch, JJ
Mehmood A. Qureshi for Appellants. Khadim Hussain, D.P.-G. for the State.
Criminal Jail Appeal No. 87 of 2009, decided on 28th April, 2011.Dates of hearings: 24th, 26th November, 2010 and 3rd December, 2010.
Before Gulzar Ahmed and Imam Bux Baloch, JJ
Mehmood A. Qureshi for Appellants. Khadim Hussain, D.P.-G. for the State.
IQBAL SHAH and another---Appellants
VS
THE STATE---Respondent
Law: Control of Narcotics Substances Act, 1997
Section: 9(c),25
(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 25---Possessing narcotics---Appreciation of evidence---Examination of private persons was not the requirement of law in terms of S. 25 of the Control of Narcotic Substances Act, 1997---Reluctance of general public to become witness in such cases was now a judicially recognized fact and no option was left but to consider the statements of official witnesses, for which there was no legal bar---Police officials were as good witnesses to be relied upon, if their testimony had remained unshattered during cross-examination--- Recovery of "Charas" having not been disputed, delay in sending the samples to Chemical Examiner without any suggestion of tampering with the same per se, would not make the report of Chemical Examiner unreliable---Prosecution evidence with regard to the recovery of "Charas" from the accused inspired confidence and did not suffer from any legal infirmity, material contradictions or dishonest improvements---Prosecution witnesses had no enmity with the accused to involve them in a false case---No mitigating circumstance was available to reduce the sentence of accused---Appeal was dismissed in circumstances. Nazeer Ahmed v. The State PLD 2009 Kar. 191; Khan Bacha v. The State PLD 2006 Kar. 698; Yameen Kumhar v. The State PLD 1990 Kar. 275; State through Advocate-General, Sindh v. Bashir and others PLD 1997 SC 408; Shaukat Ali v. The State 2004 YLR 356; Muhammad Sharif v. The State 1998 PCr.LJ 1293; Mst. Shabana Riyasat v. The State PLD 2006 Kar. 325; Ali Hassan v. The State PLD 2001 Kar. 369; S. Mahmood Alam Shah v. The State PLD 1987 SC 250; Umer Rehman v. The State PLD 2009 Kar. 284; Ashiq Hussain alias Muhammad Ashraf v. The State PLD 1994 SC 879; Khalid Javed and another v. The State 2003 SCMR 1419; Muhammad Shah v. The State 2010 SCMR 1009; 1995 SCMR 1345; Niaz-ud-Din v. The State 2007 SCMR 206; Criminal Petition No. 103-K of 2008; Sarfraz Gul v. The State PLD 2004 SC 334; Muhammad Mushtaq and another v. The State 2008 SCMR 742; Muhammad Naeem alias Naeema v. The State 1992 SCMR 1617; Muhammad v. The State PLD 1981 SC 635; Shaukat Khan v. The State 2003 PCr.LJ 324;…
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