MUHAMMAD SHAHID vs State Ss — 2022 PCrLJ 1492 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PCrLJ 1492 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PCRLJ
Parties: MUHAMMAD SHAHID vs State Ss
Subject matter: Criminal
Provisions referred to: S. 103---P; S. 51; S. 21; S. 103; S. 29---L; Criminal Procedure Code (V of 1898); Narcotic Substances Act

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

MUHAMMAD SHAHID VS State Ss. 9, 21, 51 & 29---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Power of entry, search, seizure and arrest without warrant---No bail to be granted in respect of certain offences---Presumption from possession of illicit articles---Search to be made in presence of witnesses---Scope---Element of stringency spells out from Control of Narcotic Substances Act, 1997, as is evident from prohibition of bail under S. 51, power of police to enter and search premises without warrant under S. 21, exclusion of S. 103, Cr.P.C., in recovery proceedings, competency of official witnesses in search/seizure and from the presumption to be drawn under S. 29---Legislative strictness leaves little room for the defence to dislodge the case of prosecution in Control of Narcotic Substances Act, 1997---High Court observed that if menace of drugs is not catered, it is destined to destroy our coming generations as well as the social fabric---At the same time, society is not oblivious of the fact that often an innocent person is grilled in a narcotic case either by mistake or with some sinister design---To achieve the ultimate goal of safe administration of justice, the statutory stringency of Control of Narcotic Substances Act, 1997 is to be reciprocated through circumspective appraisal of prosecution evidence---Emergence of reasonable doubt from the review of prosecution case must entail consequences of an acquittal.

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