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ALI KHAN vs State S — 2022 PCrLJ 690 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJ 690 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PCRLJ
Parties
ALI KHAN vs State S
Subject matter
Criminal
Provisions referred to
S. 497---; S. 9; Narcotic Substances Act (XXV of 1997)

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

ALI KHAN VS State S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotics---Bail, grant of---Further inquiry---Non-association of independent witnesses---Complainant acting as Investigating Officer---Delay in sending samples to Chemical Examiner---Scope---Accused was alleged to have been found in possession of 4600 grams of charas---Complainant had not associated with him any private person either from the place of information or from the place of incident to witness the event---Case of the prosecution was based upon the evidence of Anti-Narcotics Force officials---No doubt the evidence of the Anti-Narcotics Force officials was as good as private persons, but when the whole case of the prosecution rested upon the evidence of Anti-Narcotics Force officials, therefore, their evidence was required to be minutely scrutinized at the time of trial---Complainant himself had investigated the matter---No buyer was available and no evidence was available as to whom the narcotic was to be sold---Nothing was available on record to show as to whether the alleged charas was weighed along with shopper or otherwise---Samples of allegedly recovered charas were sent to the Chemical Examiner after a considerable time for which no plausible explanation was given by the prosecution---Accused was not a previous convict and was behind bars since his arrest---Case of accused required further probe---Accused was admitted to post-arrest bail, in circumstances.

Other judgments reported in 2022 PCRLJ

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