SHABBIR HUSSAIN vs State S — 2021 SCMR 198 SUPREME-COURT

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SHABBIR HUSSAIN VS State S. 9(c)---Possession of narcotic---Reappraisal of evidence---Absence of any apparent reason to falsely implicate the accused for possession of 15.6 kg of narcotic, negated the hypothesis of fake imposition---Methodology adopted by accused of transporting drugs while travelling with wife and children was not unusual in drug trafficking cases---Presence of a lady constable who frisked and arrested the wife/co-accused went a long way to support the prosecution case---Inspector and lady constable (official witnesses) furnished details of the arrest and recovery; their statements were in a comfortable and confident unison on all the salient aspects of the raid as well as details collateral therewith---Prosecution had proved its case against the accused beyond reasonable doubt---Petition for leave to appeal was dismissed and leave was refused. Citation Name: 2021 SCMR 198 SUPREME-COURTBookmark this Case SHABBIR HUSSAIN VS State Ss. 9(c) & 25---Possession of narcotic---Reappraisal of evidence---Non-association of witnesses from the public---Supreme Court observed that absence of a witness from the public, despite possible availability was not a new phenomenon; it was reminiscent of a long drawn apathy depicting public reluctance to come forward in assistance of law, due to exasperating legal procedures and lack of witness protection---In such circumstances, evidence of official witnesses was the only available option to combat the menace of drug trafficking with the assistance of functionaries of the State; their evidence, if found confidence inspiring, may implicitly be relied upon without hesitation, as their status as witnesses was second to none.

SHABBIR HUSSAIN vs State S — 2021 SCMR 198 SUPREME-COURT

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