NAJEEBULLAH vs State Ss — 2022 YLR 1222 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 1222 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: NAJEEBULLAH vs State Ss
Subject matter: Criminal
Provisions referred to: S. 103---P; S. 103; S. 25; Criminal Procedure Code (V of 1898)

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

NAJEEBULLAH VS State Ss. 9(c) & 25---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Appreciation of evidence---Search and arrest, mode of ---Search to be made in presence of witnesses---Non-association of private witnesses---Effect---Five kilograms hashish and a cash of Rs.535,000/- were recovered from the vehicle of the accused persons---Contention of the accused was that no private person was joined in recovery proceedings except Police Officials, which was a violation of S. 103, Cr.P.C.---Such contention of accused had no force as the application of S.103, Cr.P.C. had been excluded by S.25 of the Act---Reluctance of the general public to become a witness in such like cases was a judicially recognized fact and there was no option left but to consider the statement of official witness as no legal bar had been imposed in that regard---In the present case, no proof of enmity with the complainant and the prosecution witnesses had been brought on record, thus, in the absence thereof, the competence of prosecution witnesses being officials was rightly believed---Witnesses were not at all questioned about any previous ill-will or enmity with the accused whereby they could have been falsely nabbed and charged for the possession of five kilogram hashish---Circumstances established that the prosecution had proved its case against the accused---Appeal against conviction was dismissed accordingly.

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