KHUDA BUX vs State Ss — 2022 YLRN 204 KARACHI-HIGH-COURT-SINDH

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KHUDA BUX VS State Ss. 497 & 103---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 21---Possession of narcotics---Bail refusal of---Power of entry, search, seizure and arrest without warrant---Search to be made in presence of witnesses---Scope---Accused was alleged to have been found in possession of 3340 grams of charas---Accused questioned his arrest by an ASI (Assistant Sub-Inspector) which according to him was in violation of S.21 of Control of Narcotic Substances Act, 1997---Since the recovery was made during routine patrolling, therefore, compliance of S.21 was out of question---Contention of accused was that the sample-bearer was not examined under S. 161, Cr.P.C. and that number of pieces of recovered charas were different in the FIR from those mentioned in the Chemical Examiner's report---Such plea could not be considered at bail stage as the same would amount to deeper appreciation of evidence---So far as non-observance of the procedure laid down under S.103, Cr.P.C. was concerned, High Court observed that police officers were competent witnesses unless their competency was questionable due to some personal grudge or enmity----Since no animosity was mentioned during the course of arguments with the raiding police party, therefore, it was hard to believe that such a huge quantity could be foisted upon the accused---Bail application was dismissed, in circumstances.

KHUDA BUX vs State Ss — 2022 YLRN 204 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported