MIR HAMMAL vs State S — 2023 PCrLJ 449 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 449 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: MIR HAMMAL vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 161---Q; S. 161; 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

MIR HAMMAL VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 161---Qanun-e-Shahadat (10 of 1984), Art. 140---Transportation of narcotics---Cross-examination as to previous statements in writing---Contradictory statements---Delay in recording statement under S. 161, Cr.P.C.---Dishonest improvements---Scope---Accused was convicted for transporting narcotics---Investigating Officer had recorded statements of prosecution witnesses after 23 days of the recovery for which no explanation was given---Prosecution had alleged that the samples were separated from the four slabs which were sealed in parcel Nos. 1 to 4, while the remaining 3980 grams were sealed in parcel No. 5---According to S. 161, Cr.P.C. statement of In-charge Store Room, parcel No. 5 was not handed over to him by the Investigating Officer, while in Court's statement he failed to explain the improvement made by him in his examination-in-chief---Such improvement was duly confronted to him under Art. 140 of the Qanun-e-Shahadat, 1984 but he and the Investigating Officer had failed to tender any plausible explanation---Accused could not be held guilty for recovery of four kilograms of narcotics---Appeal against conviction was allowed, in circumstances.

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