Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)---.----- ---.--- S. 9(c)---.---Qanun e Shahadat (10 of 1984), Art.40---.---Appreciation of evidence---.---Prosecution version was supported by all the witnesses who had remained firm despite lengthy cross examination Recovery of narcotics was not controverted by the defence, accused however, had disowned the same---.---Accused on suspicious was interviewed by Resaldar and he disclosed about the presence of narcotics in his house and then led the police party to that place from where the narcotics were recovered ¬Accused, as such, was in custody within the meaning of Art.40 of Qanun e Shahadat, 1984 and any, such information which led to the recovery of the contraband items was admissible in evidence against him---.---Narcotics having been recovered on the disclosure and pointation of the accused, there was no need to prove that the said house was owned or possessed by him in view of the admissibility of such information and recovery made in consequence thereof, in evidence ¬Conviction and sentence of accused were upheld in circumstances. AIR 1934 Lah. 150 and AIR 1933 Cal. 148 ref. (b) Qanun e Shahadat (10 of 1984)---.----- ---.--- Art. 40---.---Criminal Procedure Code (V of 1898), S.46(1)---.---Custody ¬Connotation---.---Word "custody" for the purpose of Art.40 of the Qanun e¬-Shahadat, 1984, does not necessarily mean detention or confinement ¬Submission to custody by word or action under S.46(1), Cr.P.C. could amount to custody---.---Expression "police custody" also does not necessarily mean formal arrest which also includes police surveillance and restriction on the movement of the person concerned by the police ¬Even detention of a person by the police as a suspect amounts to his being in police custody---.---As soon as an accused or suspected person comes into the hands of a Police Officer, he, in the absence of clear evidence to the contrary, is no longer at liberty and is in custody within the meaning of Art.40 of the Qanun e Shahadat, 1984. AIR 1934 Lah. 150 and AIR 1933 Cal. 148 ref. (c) Words and phrases---.---- - "Custody" connotation. THIS JUDGMENT DELIVERED BY: AKHTAR ZAMAN MALGHANI,…

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