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ASGHAR ALI vs State Ss — 2022 PCrLJN 86 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 86 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ASGHAR ALI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 9; S. 103; S. 497; 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

ASGHAR ALI VS State Ss. 497& 103---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotics---Bail, grant of---Non-association of independent witnesses---Further inquiry---Scope---Accused was alleged to have been found in possession of 1500 grams of charas---Accused was alleged to have been selling charas at the pointed place; however, not a single person was found available around him to be presumed to be the purchaser/customer of contraband even no other person was produced or examined by the Investigating Officer through which it could be deduced that he had allegedly purchased it from the accused, which could substantiate the allegations levelled by the prosecution---Application of S. 103, Cr.P.C. was although ousted but when a police officer had advanced information then it was incumbent upon the police officer to associate some independent person to believe that the accused was captured by him from the scene of offence---Case against accused required further inquiry within the meaning of subsection (2) of S. 497, Cr.P.C.---Bail application was allowed, in circumstances.

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