MUHAMMAD NAWAZ vs State S — 2023 PCrLJ 1530 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 1530 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: MUHAMMAD NAWAZ vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 103---P; S. 103; 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 NAWAZ VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotic---Appreciation of evidence---Non-association of private persons as witnesses---Effect---Prosecution case was that 32 kilograms charas in 27 packets and one packet of opium weighing 500 grams were recovered from the possession of the accused while he was travelling in a passenger bus---Defence objected that there was sheer violation of S. 103, Cr.P.C. for not associating private mashir, despite the fact that private persons were also travelling in the passenger bus---Validity---Section 25 of the Act, 1997, denoted that non-compliance of S. 103, Cr.P.C., could not be considered as strong ground for holding that trial of accused was bad in the eye of law, as official witnesses were competent witnesses and their statements could not be discarded merely for the reason that they belonged to any department---Section 25 of the Act of 1997 suggested that there was no provision to comply the S. 103, Cr.P.C---On the other hand, the complainant categorically stated while lodging the FIR that no one from the passengers was ready to be associated as a private Mushir---Official witnesses were trustworthy witnesses, until and unless, any ill-will of the said witnesses was found towards the accused---In the present case, defence had failed to point out any ill-will of the Coast Guard Officials against the accused---Circumstances established that the prosecution succeeded in proving its case against the accused beyond any reasonable doubt---Appeal against conviction was dismissed accordingly.

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