GHULAM SHABBIR vs State S — 2023 YLR 153 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 153 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: GHULAM SHABBIR 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

GHULAM SHABBIR VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotic---Appreciation of evidence---Non-association of private witnesses at the time of arrest of accused and recovery of cars---Scope---Prosecution case was that ten kilograms of charas was recovered from the possession of the accused persons---Accused were arrested from thickly populated area and the complainant had sufficient time to call the independent persons of the locality to witness the recovery proceedings but it was not done---Only the Police Officials who were subordinates to the complainant were made as mashirs of arrest and recovery proceedings---Judicial approach had to be 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 the present case) and the people were available there, omission to secure independent mashir, particularly, in the case of spy information could not be brushed aside lightly by the court---No explanation on record as to why the independent witness had not been associated in the recovery proceedings---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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