MUKHTIAR ALI vs State S — 2023 PCrLJ 1662 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 1662 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: MUKHTIAR ALI 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

MUKHTIAR ALI VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Non-association of private witnesses---Effect---Prosecution case was that accused was found in possession of 1170 grams of charas---As per FIR the complainant party was on patrolling and during patrolling they had seen the accused standing on the main road having black colour shopper in his hand who was apprehended and recovery of 1170 grams of charas was affected from his possession---Record showed that the accused was arrested from main road which was a populated area and the complainant had sufficient time to call independent persons of the locality to witness the recovery proceedings but it was not done by him for reasons best known to him and only the Police Officials who were subordinates to him were made as mashirs of arrest and recovery proceedings---Judicial approach had to be a conscious in dealing with the cases in which entire testimony hinged upon the evidence of Police Officials alone---Provisions of S. 103, Cr.P.C., were not attracted to the cases of personal search of accused in narcotic cases but where the alleged recovery was made on a road (as had happened in this case) and the people were available there, omission to secure independent mashirs, particularly, in police case could not be brushed aside lightly by the court---No explanation was available on record as to why no any independent person from the vicinity had been joined to witness the recovery proceedings---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

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