AKHTAR ZARIN vs State S — 2022 MLD 796 KARACHI-HIGH-COURT-SINDH

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AKHTAR ZARIN VS State S.9(c)---Criminal Procedure Code (V of 1898), S. 342---Possession of narcotics---Appreciation of evidence---Defence plea---Scope---Prosecution case was that on spy information, police party signalled the car of accused to stop, which led the culprits in the car to firing which hit the informer, police returned fire in self-defence, due to which, tyres of the car burst and stopped and accused was arrested---Arms, ammunition and 80 kilograms charas were recovered from secret cavities of the car, made in different parts of the car and inside the mudguards made with aluminium---Evidence of the complainant was corroborated in all material respects by a witness, who was an independent witness, who was behind the accused car at the toll plaza and acted as mashir of arrest and recovery and had no axe to grind with the accused and had no reason whatsoever to falsely implicate the accused in that case---Said witness was not a chance witness as he was travelling and was stuck behind the accused vehicle at the toll plaza, thus there was no reason to disbelieve said witness---Even the informer who was present with the Police party and who pointed out the accused's vehicle was shot and killed during the operation which showed that the police had gone to the specific place as mentioned by the informer---No major contradictions in the evidence of the witnesses was found---Most significantly the narcotics were recovered from secret cavities in the car which was owned by the accused as admitted in his statement under S. 342, Cr.P.C and he was driving at the time of the arrest and recovery---Circumstances suggested that it would be extremely difficult to foist such a large amount of charas being 80 kilograms and the fact that it was all hidden in secret cavities in a car owned and driven by the accused, which pointed to his actual knowledge of the narcotics and his guilt for the offence as charged---Recovered narcotics were kept in safe custody from the time of their recovery to the time when they were taken for chemical analysis and no suggestion of tampering with the same had even been made---Circumstances established that prosecution had proved its case against the accused---Appeal against conviction was dismissed, in circumstances.

AKHTAR ZARIN vs State S — 2022 MLD 796 KARACHI-HIGH-COURT-SINDH

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