JAHANZEB KHAN vs State S — 2022 YLRN 186 KARACHI-HIGH-COURT-SINDH

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JAHANZEB KHAN VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Appreciation of evidence---Non association of private witnesses---Scope--- Prosecution case was that the Anti Narcotics Force on spy information apprehended the accused persons while they were driving together in the car and as a result of the search thereof secured out of its trunk three nylon bags full of 50 packets of two slabs of charas of 1 Kg. each, thus totalling 150 Kgs---On search of the house of the co-accused, 850 kilograms narcotics of like nature was recovered, thus second FIR was lodged---No independent mashir was associated with the arrest and recovery of the accused at his car, however, evidence showed that no private person was prepared to become an independent mashir at the time of arrest and recovery despite being asked---Even otherwise, S. 103, Cr.P.C., was excluded for offences falling under Control of Narcotic Substances Act, 1997, by virtue of S.25 of the Act---Lack of an independent mashir at the house when the narcotics were recovered on pointation was of no consequence---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against the accused---Revision was allowed and sentence of accused was enhanced to imprisonment for life.

JAHANZEB KHAN vs State S — 2022 YLRN 186 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported