MUHAMMAD UMAIR alias KABO vs State Ss — 2023 MLD 2098 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 2098 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: MUHAMMAD UMAIR alias KABO vs State Ss
Subject matter: Criminal
Provisions referred to: S. 103---P; S. 103; S. 25; Criminal Procedure Code (V of 1898)

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

MUHAMMAD UMAIR alias KABO VS State Ss. 9(c) & 25---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Appreciation of evidence---Non-association of private persons as recovery witness---Inconsequential---Accused were found in possession 108.400 kilograms charas---Defence objected that despite having prior information no private persons were associated as witness/mashir in the recovery proceeding hence the provision of S. 103, Cr.P.C, was violated by the complainant and the evidence of Police Officials could not be relied upon while awarding the conviction in cases of capital punishment---Validity---Such contention had no force as the reluctance of the general public to become a witness in such cases had become a judicially recognized fact and there was no way out but to consider the statement of the official witnesses as no legal bar or restriction had been imposed---Further in the present case, there was no time to collect independent witnesses---No direct enmity or ill will had been suggested by the defence against the complainant or any of the officials who participated in recovery proceedings during cross-examination and therefore in the circumstances the Police Officials were good witnesses and could be relied upon if their testimony remained un-shattered during their cross-examination---Even otherwise, the provision of S. 25 of the Act, 1997, had provided the exclusion of S. 103, Cr.P.C. during recovery proceedings---Appeal against conviction was dismissed accordingly.

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