MUHAMMAD AALAM BROHI vs State S — 2023 YLR 2310 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD AALAM BROHI VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Non-issuance of search warrant---Not consequential---Prosecution case was that 45 kilograms charas was recovered from the possession of the accused---Control of Narcotic Substance Act, 1997 as a special law was enacted mainly to curb the menace of narcotics in the country---Requirement to obtain a search warrant could be dispensed with in a case where a quick action was required to be taken and it would be difficult to obtain a search warrant; where due to paucity of time there was apprehension of narcotics being removed or culprits having the chance to escape from the place of incident---Law only required that an officer not below the rank of Sub-Inspector shall enter into a building, place premises or conveyance---In the present case, Inspector/SHO while patrolling on receipt of spy information arrived at the pointed place and recovered 45 kilograms of Charas from the sack carried by the present accused---Circumstances established that the prosecution had proved its case against the accused beyond the shadow of any reasonable doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 YLR 2310 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD AALAM BROHI VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Complainant acting as Investigating Officer---Legality---Prosecution case was that 45 kilograms charas was recovered from the possession of the accused---Defence objection that the complainant himself had acted as Investigating Officer in the present case and all the witnesses were ANF Officials, was of no help to him, as there was no bar in the law for a complainant not to act as Investigating Officer of the case---In the present case, no proof of enmity or ill-will with the complainant or the other witnesses had been brought on the record, thus, in the absence thereof, the competence of prosecution witnesses being ANF Officials was rightly believed by trial Court---Moreover, a procedural formality could not be insisted at the cost of completion of an offence---If an accused was otherwise found connected then mere procedural omission and even allegation of improper conduct of investigation would not help the accused---Even otherwise, mere status of one as an official would not alone prejudice the competence of such witness until and unless he was proved to be interested, who had a motive to falsely implicate an accused or had previous enmity with the person involved---By the flux of time in the case of transportation or possession of narcotics, technicalities of procedural nature or otherwise should be overlooked in the larger interest of the country if the case stands otherwise proved---Approach of the Court should be dynamic and pragmatic, in approaching true facts of the case and drawing correct and rational inference and conclusions while deciding such type of cases---Circumstances established that the prosecution had proved its case against the accused beyond the shadow of any reasonable doubt---Appeal against conviction was dismissed, in circum-stances. Citation Name: 2023 YLR 2310 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD AALAM BROHI VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Safe custody and safe transmission of charas to the Office of Chemical Examiner established---Prosecution case was that 45 kilograms charas was recovered from the possession of the accused---Defence objected that the prosecution had failed to prove safe custody and safe transmission of Charas to the office of Chemical Examiner---Record showed that in the cross-examination of witnesses, no such question had been put by the defence that there was tampering with the case property at Police Station or during its transmission to the Chemical Laboratory---Charas was recovered from the present accused on 24.09.2014 and it was dispatched through Head Constable/mashir of recovery to the Chemical Laboratory on 25.09.2014---Said witness produced the report of Chemical Examiner---Inspector/SHO handed over the said parcel to mashir/Head Constable who deposited the same in the office of the Chemical Examiner and the report confirmed that the parcel was received on 25.09.2014 from the said mashir, therefore, it could safely be said that the safe chain of custody of the recovered narcotics was not compromised at all---Circumstances established that the prosecution had proved its case against the accused beyond the shadow of any reasonable doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 YLR 2310 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD AALAM BROHI VS State Ss. 9(c) & 25---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Appreciation of evidence---Prosecution case was that 45 kilograms charas was recovered from the possession of the accused----Defence had alleged that no private witness was associated at the time of recovery, which was violation of provisions of S. 103, Cr.P.C.---Validity---Section 25 of Control of Narcotic Substances Act, 1997, had excluded the applicability of S. 103, Cr.P.C., in narcotics cases---Applicability of S. 103, Cr.P.C., in the narcotic cases had been excluded and the non-inclusion of any private witness was not a serious defect to vitiate conviction---Complainant in his examination-in-chief had admitted that he asked people available at spot to join the arrest and recovery proceedings but they had refused to do so due to fear for their lives at the hands of drug sellers---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed accordingly, in circumstances. Citation Name: 2023 YLR 2310 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD AALAM BROHI VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Police witnesses, testimony of---Prosecution case was that 45 kilograms charas was recovered from the possession of the accused---So far as the evidence of ANF Officials was concerned, they were competent and their evidence could not be brushed aside merely on the pretext that they were ANF Officials---Said witnesses had furnished straight-forward and confidence-inspiring evidence and nothing had come on record to show that they had deposed against the accused maliciously or out of any animus and it could not be believed that the ANF Officials would plant or foist such a huge quantity (45 K.Gs) of narcotics substance against present accused with their own resources---Statement of official witness could not be discarded merely for the reason that they were ANF/Police Officials---Circumstances established that the prosecution had proved its case against the accused beyond the shadow of any reasonable doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 YLR 2310 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD AALAM BROHI VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Prosecution case was that 45 kilograms charas was recovered from the possession of the accused---Record showed that on spy pointation, accused was apprehended by complainant when he was sitting over a white colour sack---Complainant asked the people available at the place of the incident to join the arrest and recovery proceedings but they refused to act as mashir due to fear for their lives at the hands of drug sellers---Finally, in the presence of mashir Head Constable and a Police Constable, the arrest and recovery proceedings started---On search, the sack carried by accused was found containing charas in foil pack packets in shape of slabs which on weighing came out to be 45 kilograms, out of which 10/10 grams from each slabs were segregated as samples while the remaining was also sealed separately---Accused was thereafter arrested under memo of arrest and recovery was prepared in presence of mashirs---Complainant produced arrival and departure entries which showed the movement of the ANF Officials---Complainant had also produced all certain relevant documents pertaining to the case, as such, the accused having prior knowledge had been found responsible for selling huge quantity of charas to the customer in a sack carried by him---Circumstances established that the prosecution had proved its case against the accused beyond the shadow of any reasonable doubt---Appeal against conviction was dismissed, in circumstances.

MUHAMMAD AALAM BROHI vs State S — 2023 YLR 2310 KARACHI-HIGH-COURT-SINDH

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