ABDUL REHMAN vs State Ss — 2022 PLD 233 KARACHI-HIGH-COURT-SINDH

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ABDUL REHMAN VS State Ss. 9(c), 21, 25 & 76---Pakistan Coast Guards Act (XVIII of 1973), Ss. 2 (i), 14 (2) & First Sched.----Notification S.R.O. No. 787(I)/2004, dated 16-09-2004---Criminal Procedure Code (V of 1898), S.103---Narcotic substance, recovery of---Appreciation of evidence---Recovery proceedings---Pakistan Coast Guards, jurisdiction to investigate---Witnesses from public, non-associating of---Charas weighing 100 kilograms was recovered by Pakistan Coast Guards from the vehicle which was being driven by accused---Trial Court on the basis of investigation conducted by Pakistan Coat Guards convicted and sentenced the accused for imprisonment for life---Validity---Complainant did to give any explanation that why he did not request any official of Highway patrol to become witness to search and arrest of accused---Prosecution for protection of S.25 of Control of Narcotic Substances Act, 1997, was to give justified reasons, otherwise non-compliance of S.103, Cr.P.C. was fatal---Failure of prosecution to gather otherwise available independent witnesses created serious doubts in their case against accused---Inquiry was faulty and there was lack of corroborative evidence to connect accused with Charas allegedly recovered from truck---In presence of non-obstante clause in S.76 of Control of Narcotic Substances Act, 1997, anything done or purportedly to have been done by Pakistan Coast Guards in the name of powers already available to them under Pakistan Coast Guards Act, 1973, while performing functions under S.21(1) of Control of Narcotic Substances Act, 1997, was in excess of powers under notification S.R.O. No. 787(I)/2004, dated 16-09-2004---High Court directed the authorities to ensure that illegality committed by Pakistan Coast Guards in prosecution of cases under Control of Narcotic Substances Act, 1997, should be stopped forthwith---High Court further directed that investigations and prosecutions of all pending cases registered by Pakistan Coast Guards in exercise of powers and functions under S. 21(1) of Control of Narcotic Substances Act, 1997, should be assumed/transferred to other agencies authorized to deal with menace of narcotics and its trafficking strictly in accordance with the provisions of Control of Narcotic Substances Act, 1997---High Court set aside conviction and sentence awarded to accused and acquitted him of the charge---Appeal was allowed in circumstances.

ABDUL REHMAN vs State Ss — 2022 PLD 233 KARACHI-HIGH-COURT-SINDH

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