AYAZ HUSSAIN vs State S — 2023 YLR 242 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 242 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: AYAZ HUSSAIN 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

AYAZ HUSSAIN VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Appreciation of evidence---Search to be made in presence of witnesses---Scope---Prosecution case was that 4000 grams charas was recovered from the plastic bag of the accused---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 mashirs, particularly, in the case of spy information could not be brushed aside lightly by the court---Police, in such circumstances was, to take video grabs of such occurrences or wear body-cameras---Prime object of S.103, Cr.P.C. was to ensure transparency and fairness on the part of police during course of recovery, curb false implication and minimize the scope of foisting of fake recovery upon accused---No explanation was on record as to why the independent witness had not been associated in the recovery proceedings though the complainant party had much prior information about the presence of accused along with charas---Incident was a day time occurrence and the possibility of persons at the place of incident could not be ruled out---Circumstances established that prosecution had failed to prove its case against the accused---Appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court, in circumstances.

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