MUHAMMAD YOUSIF vs State Ss — 2022 PCrLJ 412 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD YOUSIF VS State Ss. 9(c), 25 & 29---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Appreciation of evidence---Prompt FIR---Mode of making searches and arrest---Refusal of independent persons to act as mashir---Scope---Accused was allegedly to have been found in possession of 300 kgs of charas---First Information Report was lodged with promptitude giving no time for concoction and the S. 161, Cr.P.C. statements were recorded promptly which were not significantly improved upon---Arrest and recovery was made on the spot and the accused was caught red handed with the narcotic by the police whose evidence fully corroborated each other in all material respects as well as the prosecution case---Police had no reason to falsely implicate the accused in a case---Police evidence was corroborative in all material respects---No major contradictions were found in the evidence of prosecution witnesses---Narcotic was recovered from the car which the accused had revealed to the police and he was the only person in the car, as such, there was no doubt that the accused had actual knowledge of the narcotic which was being transported---Once the recovery was proven, the onus had shifted to the accused to show his innocence in that at least he had no knowledge of the narcotic---Improbable for the police to foist such a large amount of charas being in total 300 kgs---No delay in sending for the chemical report for analysis which turned out to be positive---Recovered narcotic was kept in safe custody---Although no independent mashir was associated with the arrest and recovery of the accused but it had come in evidence that no private person was prepared to become an independent mashir at the time of arrest and recovery despite being asked---Even otherwise S. 103, Cr.P.C., was excluded for offences falling under the Control of Narcotic Substances Act, 1997 by virtue of S. 25---Appeal against conviction was dismissed, in circumstances.

MUHAMMAD YOUSIF vs State Ss — 2022 PCrLJ 412 KARACHI-HIGH-COURT-SINDH

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