LAL MUHAMMAD vs State S — 2023 YLR 1754 KARACHI-HIGH-COURT-SINDH

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LAL MUHAMMAD VS State S. 9(c)---Possession of narcotic---Testimony of police officials, reliance upon---Scope---Police Officials are as good witnesses as any other private witness and their evidence is subject to same standard of proof and principles of scrutiny as applicable to any other category of witnesses---In absence of any animus, infirmity or flaw in their evidence, the testimony of Police Officials could be relied upon without demur. Citation Name: 2023 YLR 1754 KARACHI-HIGH-COURT-SINDHBookmark this Case LAL MUHAMMAD VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Defence plea---Scope---Prosecution case was that 176 kilograms of charas 250 packets were recovered from the truck of the accused persons---Accused had claimed to be arrested after the complainant allegedly took a bribe and let the real culprits go from whom 300 to 350 kilograms were recovered---No animus had been proved against the prosecution or the complainant---Nothing was brought on record to suggest that the accused persons were not arrested by the police from the truck as per the evidence---Mere assertion of accused persons that they had been involved falsely in the narcotics case, in absence of any tangible evidence, was of no consequence nor did it create any doubt about the recovery of narcotics---One of the accused persons even admitted his presence in the said truck and claimed that he was delivering wheat bags in his statement under S. 342, Cr.P.C.---Accused persons were bound to establish the defence plea of false implication through their arrest prior to the actual incident as agitated by them through adducing tangible evidence and such allegation in absence of sound evidence, could not be considered in view of Art. 121 of Qanun-e-Shahadat, 1984---Circumstances established that the prosecution had undoubtedly proven the guilt of the accused persons beyond reasonable shadow of doubt---Appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 1754 KARACHI-HIGH-COURT-SINDHBookmark this Case LAL MUHAMMAD VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Prosecution case was that 176 kilograms of charas within 250 packets were recovered from the truck of the accused persons---Record showed that the prosecution witnesses had provided an uninterrupted chain of facts ranging from arrest and seizure to forensic analysis of the contraband---Witnesses were in comfortable unison on all the salient features regarding interception of the charas as well as all the steps taken thereafter---All the witnesses had unanimously deposed that the case property in Court was the same and were never cross-examined on that point by the defence at the time of trial---Three prime witnesses of the prosecution case, complainant, mashir of arrest and recovery had deposed that both the accused persons had pointed out the shelves in the truck and they were never cross-examined on that aspect of the case either---As such, the prudent presumption here would be that both the accused persons were well aware of the contents of the truck and the presence of narcotics---Contraband so recovered from the accused persons had been proved by examining the complainant, mashir of arrest and recovery and an independent witness---Circumstances established that the prosecution had undoubtedly proven the guilt of the accused persons beyond reasonable shadow of doubt---Appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 1754 KARACHI-HIGH-COURT-SINDHBookmark this Case LAL MUHAMMAD VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Safe custody---Scope---Prosecution case was that 176 kilograms of charas 250 packets was recovered from the truck of the accused persons---Entire quantity was sent to the Chemical Examiner---Narcotic samples were sent through Police Official who had been examined and deposed in all respects as to how and when he delivered the parcels received by him---Initial information was received by the complainant and the accused were arrested on the same day at about 12.15 p.m.---Sample for examination was sent to the Chemical Examiner within 72 hours of the alleged recovery---Police Official to explain the delay in sending the narcotics to the Chemical Examiner deposed that he was given copy of FIR and other relevant documents along with case property consisting of charas in six bags and truck involved in the incident---On the same date said witness went to the Office of Chemical Examiner for depositing the case property but until then the Office of Chemical Examiner had been closed as such he returned back---Office of the Chemical Examiner was closed due to the holidays and witness deposited the case property with his office---Seals on the parcels delivered were found intact by the Chemical Examiner too who noted that condition of the seals was satisfactory which further proved safe custody and transmission of the same---Report of Chemical Examiner available on record fully corroborated the evidence of all the prosecution witnesses---All necessary protocols were followed in the Chemical Examiner's Report which further supported the prosecution case---Circumstances established that the prosecution had undoubtedly proven the guilt of the accused persons beyond reasonable shadow of doubt---Appeal against conviction was dismissed accordingly.

LAL MUHAMMAD vs State S — 2023 YLR 1754 KARACHI-HIGH-COURT-SINDH

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