FAISAL SHAHZAD vs State S — 2022 SCMR 905 SUPREME-COURT

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FAISAL SHAHZAD VS State S. 9---Narcotic cases---Conviction---Scope---When the prosecution is able to prove its case on its salient features then un-necessary technicalities should not be allowed to hamper the very purpose of the law on the subject. Head NotesCase Description Citation Name: 2022 SCMR 905 SUPREME-COURTBookmark this Case FAISAL SHAHZAD VS State S. 9(c)---Possession of 10 kilograms of charas and 5 kilograms of opium---Reappraisal of evidence---Case was lodged with promptitude on the basis of spy information, which was supplied to the law enforcing agency prior to conducting raid by the raiding party comprising of number of police officials and it had already established a picket at the particular place on the basis of the said information---Accused was caught red handed in broad daylight by the police and a huge quantity of contraband charas and opium was recovered from him, which was contained in a sack/gatoo in fifteen separate packets---Police officials separated 10 grams of charas and 10 grams of opium from each packet in the prescribed manner and put the samples in 15 separate packets and then sent the same to the office of Chemical Examiner for its analysis---Safe chain of custody of the recovered narcotics was not compromised at all---Reports of the Chemical Examiner showed that all the 15 packets contained contraband charas and opium---Prosecution case hinges upon the statements of police officials, who narrated the prosecution story in a natural manner and remained consistent throughout and their testimony despite lengthy cross-examination---Said witnesses had no enmity with the accused to falsely implicate him in the present case---Even otherwise a huge quantity of contrabands could not be planted by the Investigating Officer of its own---Petition for leave to appeal was dismissed, leave was refused, and conviction and sentence of accused was maintained. Head NotesCase Description Citation Name: 2022 SCMR 905 SUPREME-COURTBookmark this Case FAISAL SHAHZAD VS State S. 9(c)---Possession of 10 kilograms of charas and 5 kilograms of opium---Reappraisal of evidence---Sack/gatoo containing the recovered narcotic not produced in evidence---Not relevant---In the present case the accused was carrying narcotics in a sack/gatoo, which is usually made of polythene/cloth/plastic and is commonly used by the people in the society to carry heavy things and the same can easily carry a weight of 15 kilograms (equivalent to the weight of the narcotics recovered from the accused)---Gatoo is just a cloth or plastic bag, so the real thing to consider at in the present case was that the accused was carrying a huge quantity of narcotics in it, therefore, non-production of the gatoo was of no avail to the accused---Petition for leave to appeal was dismissed, leave was refused, and conviction and sentence of accused was maintained. Head NotesCase Description Citation Name: 2022 SCMR 905 SUPREME-COURTBookmark this Case FAISAL SHAHZAD VS State S. 9(c)---Narcotic cases---Testimony of police officials, reliance upon---Scope---Testimony of police officials is as good as any other private witness unless it is proved that they have animus against the accused---Reluctance of general public to become witness in such like cases has become judicially recognized fact and there is no impediment to consider statement of official witnesses, as no legal bar or restriction has been imposed in such regard---Police officials are as good witnesses and can be relied upon, if their testimonies remain un-shattered during cross-examination. Head NotesCase Description Citation Name: 2022 SCMR 905 SUPREME-COURTBookmark this Case FAISAL SHAHZAD VS State S. 77---Control of Narcotic Substances (Government Analysts) Rules, 2001 ('the Rules')---Said Rules are directory and not mandatory in nature---Any lapse (in compliance with the Rules), would not automatically discard the whole prosecution case. Head NotesCase Description

FAISAL SHAHZAD vs State S — 2022 SCMR 905 SUPREME-COURT

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