GUL TAJ vs State S — 2023 PCrLJ 1712 ISLAMABAD

Case information

Citation: 2023 PCrLJ 1712 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: PCRLJ
Parties: GUL TAJ vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 340; 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

GUL TAJ VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 340(2)---Recovery of narcotic substance---Appreciation of evidence---Specific plea---Proof---Heroin weighing 2500 grams was recovered from accused---Trial Court convicted the accused and sentenced him to imprisonment for seven years---Plea raised by accused was that investigating officer was biased against him which resulted in registration of present case---Validity---Right from the recovery till deposit in NIH Laboratory Islamabad, chain of safe transmission of narcotic samples and custody was established without any doubt---Contraband was recovered on 4.7.2020 and within two days deposited in NIH Laboratory on 6.7.2020 and during intervening period it remained in safe custody---In order to substantiate alleged biasness of investigating officer, not a single question was put to any of the prosecution witnesses that accused apprehended from the place as pleaded or was kept in illegal confinement along with two others---In absence of statement of accused in terms of S. 340(2), Cr.P.C. and any defense evidence, plea taken by accused was nothing but a bald statement---Prosecution successfully proved its case beyond any shadow of doubt, in circumstances---High Court declined to interfere in conviction and sentence awarded by Trial Court to accused as recovery of huge quantity of narcotics; happening of occurrence; separating samples from each packets in prescribed manner; sending the same to NIH Laboratory without any break in chain; and reports of NIH Laboratory confirmed nature of contraband as heroin--- Appeal was dismissed, in circumstances.

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