SHAIKH IMRAN vs State S — 2023 MLD 1603 KARACHI-HIGH-COURT-SINDH

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SHAIKH IMRAN VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 342---Possession of narcotics---Appreciation of evidence---Defence plea---Scope---Prosecution case was that 78 kilograms charas and 08 kilograms heroin were recovered from the possession of accused persons---Defence alleged that accused were arrested by the Rangers and then handed over to Anti Narcotics Force Officials---Such defence plea appeared to be an afterthought, which had rightly been disbelieved by the Trial Court---Accused persons had failed to provide any valid proof such as news clippings from a TV channel to ascertain that they had been arrested by Rangers---Moreover, the accused persons examined four witnesses, one related to each of the accused---Each one of these four defence witnesses, while asserting that the accused persons were arrested by Rangers also admitted that they had, at no point, considered filing a motion before a Court of law for their recovery from the alleged "illegal confinement" by Rangers nor had any of them approached any Rangers higher-ups to ensure the safe return of the accused persons---As far as defence witness was concerned, he stated that he being the Bureau Chief at a TV Channel had come across the news clipping of the arrest of the accused persons by Rangers personnel, however in his cross-examination admitted that he had come across this information by another reporter and that he had made no efforts to confirm the same "news"---As such, belated arrangements made by the accused persons of well-wishers to testify in their favour failed to override positive evidence pointing towards their culpability---Circumstances established that the prosecution succeeded in proving its case against the accused persons beyond any shadow of doubt---Appeal against conviction was accordingly dismissed.

SHAIKH IMRAN vs State S — 2023 MLD 1603 KARACHI-HIGH-COURT-SINDH

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