VICKY KUMAR vs State S — 2023 YLR 1452 KARACHI-HIGH-COURT-SINDH

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VICKY KUMAR VS State S.9(c)---Possession of Narcotics---Appreciation of evidence---Prosecution case was that 35 kilograms charas was recovered from the possession of the accused---Record showed that the prosecution witnesses were in comfortable unison on all the salient features regarding interception of the huge quantity of charas as well as all the steps taken subsequently---In the present case the whole recovered property was sealed and sent to the Chemical Examiner, which was found being sufficient exercise to constitute forensic proof---At the time of arrest, the accused was standing with a nylon plastic bag, wherein 35 kilograms of charas was secured, therefore, he was responsible for the same alleged to have been secured from his possession---Report of Chemical Examiner available on the record fully corroborated the evidence of both the prosecution witnesses, whose stand was in nexus with the Chemical Examiner's Report---Record transpired that charas was secured from the nylon bag and the recovered case property was separately sealed and sent to Chemical Examiner, who did not find any tampering with the sealed parcel of the contraband so recovered from the accused, hence, the Report of Chemical Examiner came in positive---All the witnesses had deposed that the case property in court was the same and they were at no point cross-examined on the same point by the defence---Charas so recovered from the possession of the accused had been proved to the extent of realization---Circumstances established that the prosecution had successfully proved its case against the accused, which did not require any interference---Appeal against conviction being meritless was dismissed, in circumstances. Citation Name: 2023 YLR 1452 KARACHI-HIGH-COURT-SINDHBookmark this Case VICKY KUMAR VS State S. 9(c)---Possession of narcotic---Appreciation of evidence---Defence plea---Scope---Prosecution case was that 35 kilograms of charas was recovered from the possession of the accused---Accused alleged that charas had been foisted upon him due to his refusal to pay extort money---Said plea appeared to be afterthought, which had rightly been disbelieved by the Trial Court---Accused had failed to produce any valid proof regarding his claim---Accused examined his mother, her mere statement was of no consequence to the prosecution case---Accused was arrested by the Police Officials and from his exclusive possession a huge quantity of charas was recovered and it would be enough for a prudent mind to realize that such huge quantity of contraband could not be foisted upon the accused---Circumstances established that the prosecution had successfully proved its case against the accused, which did not require any interference---Appeal against conviction being meritless was dismissed, in circumstances. Citation Name: 2023 YLR 1452 KARACHI-HIGH-COURT-SINDHBookmark this Case VICKY KUMAR VS State S. 9(c)--- Control of Narcotic Substances (Government analysts) Rules, 2001, Rr. 4 & 5---Possession of Narcotic---Appreciation of evidence---Delay in sending samples of contraband for chemical analysis---Effect---Scope---Prosecution case was that 35 kilograms of charas was recovered from the possession of the accused---Said rules were directory in nature and did not render the recovered sample untrustworthy if the span of 72 hours had passed---Furthermore, per the Chemical Examiner's Report, the seals were received in intact condition which ruled out any question of tampering---Circumstances established that the prosecution had successfully proved its case against the accused, which did not require any interference---Appeal against circumstances being meritless was dismissed, in circumstances. Citation Name: 2023 YLR 1452 KARACHI-HIGH-COURT-SINDHBookmark this Case VICKY KUMAR VS State Witness--- Police witness--- Scope---Police Officials are as good witnesses as any other private witnesses and their evidence is subject to same standard of proof and the principles of the scrutiny as applicable to any other category of witnesses---In absence of any animus, infirmity or flaw in their evidence, their testimony can be relied upon without demur. Citation Name: 2023 YLR 1452 KARACHI-HIGH-COURT-SINDHBookmark this Case VICKY KUMAR VS State S. 9(c)---Possession of Narcotic---Minor contradictions in the statements of witnesses---Scope---Technicalities of procedural nature or otherwise were to be overlooked in the larger interest of the country---If the case stood proved the approach of the court was to be dynamic and pragmatic, in approaching true facts of the case and drawing correct and rational inferences and conclusions while deciding such type of cases---Court was to consider the entire material as a whole and if it was convinced that the case was proved then conviction be recorded notwithstanding any procedural defect---Minor discrepancies in the evidence of the raiding party do not shake its trustworthiness.

VICKY KUMAR vs State S — 2023 YLR 1452 KARACHI-HIGH-COURT-SINDH

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