BILAL AHMED vs State S — 2021 PCrLJ 261 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PCrLJ 261 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PCRLJ
Parties: BILAL AHMED vs State S
Subject matter: Criminal
Provisions referred to: S. 173---C; S. 9; Narcotic Substances Act (XXV of 1997)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

BILAL AHMED VS State S.173---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possession of narcotics---Report of police officer---Discharge of accused---Scope---Petitioners assailed the order passed by Magistrate whereby the accused was discharged from the charges after the Investigating Officer had found him innocent---Accused was alleged to have been found in possession of 60 kilograms of charas and 20 kilograms of opium---Report of Investigating Officer revealed that the signature of first witness of recovery memo were not available on the recovery memo; that the said witness had also denied recovery of contraband in his presence; that the earlier Investigating Officer of the case had stated that he was neither appointed as the Investigating Officer nor had he gone to the place of occurrence; that neither the contraband was sealed nor any parcel was made and it was found to be laying open in the police station and that one of the petitioner had arranged the charas and opium just to save himself and others from the consequences of the FIR which was registered against them under Ss. 365-A, 342, 416 & 34, P.P.C., by the brother of accused---Two of the petitioners were DSPs and one of them was SP at CID police station at the relevant time and after departmental inquiry they were dismissed from service on the basis of said allegations---No illegality or irregularity was committed by the Magistrate in discharging the accused---Petition was dismissed, in circumstances.

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