AKHTAR MEEN vs State Ss — 2022 PLD 84 KARACHI-HIGH-COURT-SINDH

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AKHTAR MEEN VS State Ss. 7, 8, 9(c), 21 & 27---Criminal Procedure Code (V of 1898), S. 157---Sindh Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2009 (IX of 2010), S. 9---Police Rules, 1934, Rr. 24.5, 22.70 & 24.19---Constitution of Pakistan, Art. 4---Transportation of narcotics---Appreciation of evidence---Owner of vehicle, culpability of---Scope---Accused was alleged to have been apprehended while transporting 13 kilograms of charas---Only evidence available in the case was that of Investigating Officer and he had failed to produce the spy before the High Court despite being ordered---FIR was not registered by the SHO/Head Moharar of Excise Police Station---Nothing was mentioned about the proceedings required to be conducted by the S.H.O. under S. 157, Cr.P.C.---Perusal of challan revealed that it was submitted by the self-appointed Investigating Officer without the approval of his superior or District Public Prosecutor as required under S. 9 of the Sindh Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2009---Alleged recovered charas was never handed over by the Investigating Officer to the Incharge Malkhana---Investigating Officer had not seized the vehicle from which charas was recovered---Investigating Officer himself had disclosed name of the owner of vehicle in the challan but had not inquired from the owner that how and why his vehicle was found involved in an offence---Owner of the conveyance should have been included as co-accused for an offence under Ss. 7 & 8 of Control of Narcotic Substances Act, 1997---Investigating Officer after arresting the accused under S. 21 of Control of Narcotic Substances Act, 1997, ought to have dealt with him under S. 27 of Control of Narcotic Substances Act, 1997---Action taken by the Investigating Officer against the accused after his arrest and alleged seizure of charas while performing function under S. 21(1) of Control of Narcotic Substances Act, 1997, was illegal, void ab initio, without lawful authority and, therefore, the entire trial had vitiated---Director General of Excise and Taxation was directed by the High Court to take strict disciplinary action against the Investigating Officer for his failure to follow the basic criminal law---Appeal was allowed.

AKHTAR MEEN vs State Ss — 2022 PLD 84 KARACHI-HIGH-COURT-SINDH

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