HIDAYATULLAH alias GUDOO vs State S — 2022 YLRN 46 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

HIDAYATULLAH alias GUDOO VS State S. 9(c)---Police Rules, 1934, R. 25.2(3)--- Possession of narcotic drugs---Appreciation of evidence---Benefit of doubt--- Non-association of private persons despite availability---Effect---Delay in sending recovered material to the Chemical Examiner---Duty of Investigating Officer---Scope---Accused was charged for possession of 3000 grams of hashish---Police party had received spy information about the accused but it did not associate private persons to witness the recovery proceedings---Complainant admitted that caretaker of the graveyard and some visitors were present but he did not associate any of them to witness the recovery proceedings---Where recovery was made after prior information, even in the presence of private persons, then failure to secure independent witnesses could not be brushed aside lightly by the court---Three thousand grams of hashish was recovered from the accused but only 200 grams was sent to the Chemical Examiner for analysis, hence, it could not be said as to whether the remaining 2800 grams were hashish or not---Delay of four days in sending the recovered hashish to Chemical Examiner was not explained by the prosecution---Complainant of the case had acted as Investigating Officer---Complainant and Investigating Officer were two opposing parties; investigating officer was not required to establish the prosecution or complainant's case but it was his duty to discover the real truth from the entire story of the complainant party---Appeal was allowed and the accused was acquitted from the charge, in circumstances.

HIDAYATULLAH alias GUDOO vs State S — 2022 YLRN 46 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported