USMAN SHAH vs State Ss — 2022 YLR 821 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 821 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: USMAN SHAH vs State Ss
Subject matter: Criminal
Provisions referred to: S. 21; 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

USMAN SHAH VS State Ss. 9(c) & 21--- Possession of narcotics---Appreciation of evidence---Power of entry, search, seizure and arrest without warrant---Scope---Eight kilograms of charas was allegedly recovered from the motorcar driven by accused---Proceedings were conducted by Police Official/ASI in violation of the provision of S.21 of the Control of Narcotic Substances Act, 1997, despite the fact that two other police officials in the rank of SI were posted in Investigation Wing of said police station--- Such conduct of the prosecution, while dealing with a heinous case, caused considerable loss to its case because neither any site plan nor any card of arrest was prepared---Investigating Officer of the case disclosed that whole of the proceedings were carried out inside the police station, which suggested that the witnesses produced by the prosecution were either not present on the spot or were not narrating the actual truth about the occurrence---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

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