FAROOQ SHAH vs State S — 2022 PCrLJN 116 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

FAROOQ SHAH VS State S. 9(c)---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Possession and trafficking narcotics---Withholding of best evidence---Effect---Prosecution case was that 100 bags of dodi sawdust, on weighing, each bag was found to be 30 kilograms, total 3000 kilograms in 100 bags, were recovered from the truck of the accused---Record showed that the Investigating Officer/complainant along with his subordinate staff left the narcotic circle on the date of incident in a private vehicle---Investigating Officer had admitted in his cross-examination that he had asked the driver of the said vehicle to act as mashir but he refused---Investigating Officer did not mention in the memo of recovery or in the FIR that driver of said vehicle refused to act as mashir---Investigating Officer had also not explained as to why on the refusal of the driver of the private vehicle to act as mashir, he did not take any coercive step although such option was available to him under the law---Investigating Officer also had not explained that during the long time of three hours, during which they were busy in completing the recovery proceedings, as to what step they took for procuring private mashirs of recovery from the vicinity---From attitude on the part of the Investigating Officer an inference under Art. 129(g) of the Qanun-e-Shahadat, 1984 could be drawn that in case any independent persons had been examined by the prosecution, he/they would not have supported the prosecution case---Appeal against conviction was allowed, in circumstances.

FAROOQ SHAH vs State S — 2022 PCrLJN 116 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported