SHAKEEL AHMED vs State Ss — 2023 MLD 1507 KARACHI-HIGH-COURT-SINDH

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SHAKEEL AHMED VS State Ss. 9(c), 25 & 48---Criminal Procedure Code (V of 1898), S. 103---Recovery of narcotic substance---Appreciation of evidence---Police witnesses---Public witnesses, absence of---Charas weighing 22 kilogram was recovered from the possession of accused persons---Trial Court convicted accused persons and sentenced them to imprisonment for life---Plea raised by accused persons was that recovery of narcotic substance was not proved as no witness from public was associated with proceedings---Accused further contended that they were kept in illegal confinement before registration of criminal case against them---Validity---Reluctance of general public to become a witness in such cases has become a judicially recognized fact---There was no way out but to consider statement of official witnesses as no legal bar or restriction was imposed in such regard---No direct enmity or ill will was suggested by accused persons against complainant or any of the officials who participated in recovery proceedings during cross-examination---Police officials were good witnesses and could be relied upon if their testimony remained un-shattered during their cross-examination---Provision of S. 25 of Control of Narcotic Substances Act, 1997, provided exclusion of S. 103, Cr.P.C., during recovery proceedings---It was difficult to believe that four persons were arrested and were kept in wrongful confinement but no one from their relatives had made any complaint nor tried to rescue them or tried to get them released---Prosecution had successfully proved the case against accused persons beyond reasonable doubt, in circumstances---By flux of time in the cases of transportation or possession of narcotics, technicalities of procedural nature or otherwise should be overlooked in the larger interest of the country, if the case is otherwise proved--- Approach of the Court should be dynamic and pragmatic in appreciating facts of the case and drawing correct and rational inferences and conclusions while deciding such type of cases---No drug peddler should be acquitted in narcotics case on technicalities---Prosecution proved its case against accused persons beyond a reasonable doubt by producing reliable, trustworthy and confidence-inspiring evidence in the shape of oral/direct and documentary evidence corroborated by report of chemical examiner---High Court maintained conviction and sentence awarded to accused persons as judgment passed by Trial Court did not suffer from any illegality, gross irregularities or infirmities---Appeal against conviction was dismissed, in circumstances.

SHAKEEL AHMED vs State Ss — 2023 MLD 1507 KARACHI-HIGH-COURT-SINDH

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