MUHAMMAD AYUB vs State Ss — 2023 PCrLJ 1501 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 1501 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: MUHAMMAD AYUB vs State Ss
Subject matter: Criminal
Provisions referred to: S. 103---P; 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

MUHAMMAD AYUB VS State Ss. 9(c) & 25---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotic---Appreciation of evidence---Prosecution case was that 564 kilograms of charas was recovered from the truck driven by the accused---No doubt, the raiding agency had acted upon a spy information but the complainant in his deposition had disclosed that the information was passed on by his high-ups requiring a prompt action for successful arrest and recovery---For the sake of an immediate response, it was quite comprehensible that a private and independent witness could not be arranged by the raiding party---In view of S. 25 of the Control of Narcotic Substances Act, 1997, the stress by the defence for associating private witness was misconceived---Section 103, Cr.P.C. did not over-ride the statutory provisions of S. 25 of the Act---Mere objection that the witnesses of arrest and recovery belonged to raiding party was not sustainable---Circumstances established that the impugned judgment was based upon proper contemplation and deliberation of the evidence recorded during trial---Appeal against conviction was dismissed accordingly.

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