REHMATULLAH vs State S — 2022 YLR 1639 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 1639 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: REHMATULLAH vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 103---P; S. 103; S. 25; Criminal Procedure Code (V of 1898); 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

REHMATULLAH VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession and transportation of 1000 kilograms charas---Appreciation of evidence---Association of private witnesses---Scope--- Prosecution case was that 1000 kilograms charas was recovered from the diesel tank of the truck of accused persons---Although, no independent mashir was associated with the arrest and recovery of the accused and narcotic, S. 103, Cr.P.C., had been excluded for offences falling under the Control of Narcotic Substances Act, 1997, by virtue of S. 25 of the Act---Due to public apathy most citizens were not prepared to act as independent mashirs in such like cases---Incident was night time and nobody was available to be an independent mashir---Circumstances established that the prosecution had proved its case against the accused---Appeal against conviction was dismissed accordingly.

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