Raja EHTISHAM KIYANI vs State Ss — 2022 SCMR 1248 SUPREME-COURT

Case information

Citation: 2022 SCMR 1248 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: Raja EHTISHAM KIYANI vs State Ss
Subject matter: Criminal
Provisions referred to: Narcotic Substances Act

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

Raja EHTISHAM KIYANI VS State Ss. 9(c) & 29---Possession of 1500 grams of heroin---Reappraisal of evidence---Plea of false implication due to previous animosity rejected---Investigation Officer swiftly concluded various investigative steps/requirements to bring the prosecution to its logical end---Attestation of inventories by other members of the police contingent confirmed their presence at the scene of occurrence---Such official business was protected by statutory presumption of being in order/genuine---Insofar as allegation of previous animosity on account of alleged demand of bribe by one of the members of the police party, against whom, the accused claimed to have moved some application was concerned, nothing was brought on the record to even obliquely suggest an ongoing previous animosity, prompting the police to impose false recovery of a substance---Such plea of accused surfaced, surprisingly late in the day without any attempt to take the departmental recourse and, thus, at best could be viewed as an afterthought and at worst a ploy to subvert the prosecution---Even during the trial, the accused did not enter the witness box in disproof of charge or to drive home his plea with a view to discharge adverse statutory presumption provided in section 29 of the Control of Narcotic Substances Act, 1997---Petition for leave to appeal was dismissed, leave was refused and conviction and sentence of accused were maintained. Head NotesCase Description

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