KALEEM BAIG vs State Ss — 2023 MLD 1095 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 1095 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: KALEEM BAIG vs State Ss
Subject matter: Criminal
Provisions referred to: S. 103---P; S. 103; S. 25; Criminal Procedure Code (V of 1898); 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

KALEEM BAIG VS State Ss. 6, 9(c) & 25---Criminal Procedure Code (V of 1898), S. 103---Possession of 127 kilograms of charas---Appreciation of evidence---Sentence, reduction in---Non-association of independent witnesses in recovery proceedings---Inconsequential---Prosecution case was that 107 packets containing 127 kilograms charas were recovered from the vehicle of the accused---There is no universal rule that evidence of an interested witness, per se, must be invariably corroborated by some other evidence---Police Officials, being the state's peacekeepers and law enforcers are as good witnesses as any other and their evidence is subject to same standard of proof and principles of scrutiny as the standard applicable to any other category of witnesses---Despite the undeniable independent corroboration, in absence of any animus, infirmity or flaw in their evidence, the testimony of Police Officials can be relied upon without demur---Defence contended that the complainant failed to get any witnesses prior to receiving the spy information, however S. 103, Cr.P.C., in clear terms, was excluded for offences falling under the Control of Narcotic Substances Act, 1997, by virtue of S. 25 of the Act---Circumstances established that prosecution had proved its case against the accused beyond any shadow of doubt, however his sentence was altered from imprisonment for life to imprisonment for one year and nine months---Appeal was disposed of in the said terms.

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