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ABDUL NASIR vs State S — 2022 YLR 2117 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLR 2117 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
YLR
Parties
ABDUL NASIR vs State S
Subject matter
Criminal
Provisions referred to
S. 9; S. 103---P; S. 103; 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

ABDUL NASIR VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of Narcotics---Appreciation of evidence---Non-association of private witnesses in recovery proceeding---Scope---Prosecution case was that three kilograms of charas was recovered from the possession of accused---Record showed that it was the case of spy information when complainant /ASI had sufficient time to call the independent persons of the locality to witness the recovery proceedings but it was not done---Cross-examination of complainant showed that there was Madarassa nearby the place of arrest and recovery and there were also some villages of Baloch community around the place of arrest and recovery, hence the question arose when the private persons were available at the spot, why the police party did not join them as recovery witness---Provisions of S. 103, Cr.P.C. were not attracted to the cases of personal search of the accused in such like cases, where alleged recovery was made on a road and the people were available there, omission to secure independent mashirs, particularly, in the case of spy information could not be brushed aside lightly---Prime object of S.103, Cr.P.C., was to ensure transparency and fairness on the part of police during course of recovery, curbed false implication and minimize the scope of foisting of fake recovery upon accused---No explanation was on record as to why the independent witnesses were not associated in the recovery proceedings---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal was allowed, in circumstances and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court.

Other judgments reported in 2022 YLR

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