GHULAM SHABBIR alias SHABOO vs State S — 2022 MLD 1805 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1805 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: GHULAM SHABBIR alias SHABOO vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 342---P; S. 342; Criminal Procedure Code (V of 1898)

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

GHULAM SHABBIR alias SHABOO VS State S.9(c)---Criminal Procedure Code (V of 1898), S.342---Possession of Narcotics---Appreciation of evidence---Benefit of doubt---Incriminating material was not put to the accused during his examination---Effect---Prosecution case was that 1500 grams of charas was recovered from the Gathri of the accused---Perusal of statement of accused under S.342, Cr.P.C. clearly demonstrated that certain material questions/incriminating evidence was not put to the accused while examining him under the said section---First and foremost question as to whether the prosecution evidence was recorded in the presence of the accused and he understood the same was not even put to him---Non-formulating of such a vital question and non-affording the accused an opportunity to respond the same, meant that the entire prosecution evidence being used against him was not recorded in his presence---Said fact alone was sufficient to believe that the Trial Court did not go through the prosecution evidence while recording statement of the accused under S.342, Cr.P.C, and felt it satisfied to put forth the facts of crime report to the accused, which in no manner could take place of prosecution evidence---Recovered charas was never confronted to the accused while examining him under S.342, Cr.P.C. and as such, the same could not be used against him in any eventuality for maintaining his conviction and sentence---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

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