BACHANDO vs State Benefit of doubt — 2023 YLR 2622 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

BACHANDO VS State Benefit of doubt---Principle---Single circumstance, which creates reasonable doubt in a prudent mind about the guilt of the accused, would entitle the accused to its benefit not as a matter of grace and concession but as a matter of right. Citation Name: 2023 YLR 2622 KARACHI-HIGH-COURT-SINDHBookmark this Case BACHANDO VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Discrepancies and flaws in the evidence of witnesses---Accused was found in possession of two kilograms charas---Record showed that there were discrepancies and flaws in the evidence of complainant and mashir of arrest and recovery---Complainant in his cross-examination had admitted that after receiving spy information, he had not sent any fake customer for purchasing charas from the accused---Said witness admitted that he had mentioned in FIR that accused was selling charas in open and at that time no purchaser of charas was available---No currency notes were recovered from the present accused at the time of his arrest---Said witness admitted that he was complainant as well as Investigating Officer in the present case---Mashir/Head Constable in his cross-examination had deposed that he did not know exact time of receiving spy information by SHO---Accused was selling charas in banana crop while the complainant deposed that accused was selling charas in an open way---Said witness further deposed that place of arrest and recovery subsisted near link road and they had not sent any fake purchaser to accused for verifying spy information---All the said discrepancies and lacunas in the case of prosecution led to the conclusion that perhaps the incident had not taken place in the fashion as stated in the FIR---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 2622 KARACHI-HIGH-COURT-SINDHBookmark this Case BACHANDO VS State S. 9(c)---Possession of narcotics---Police witnesses, testimony of---No doubt, police witnesses are as good as other independent witnesses and conviction can be recorded on their evidence, but their testimony should be reliable, dependable, trustworthy and confidence worthy---If such qualities are missing in their evidence, no conviction can be passed on the basis of evidence of police witnesses. Citation Name: 2023 YLR 2622 KARACHI-HIGH-COURT-SINDHBookmark this Case BACHANDO VS State S. 103---Search to be made in presence of witnesses---Object---Prime object of S. 103, Cr.P.C., is to ensure transparency and fairness on the part of police during the course of recovery; to curb false implications and minimize the scope of foisting fake recovery upon accused. Citation Name: 2023 YLR 2622 KARACHI-HIGH-COURT-SINDHBookmark this Case BACHANDO VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Non-association of private persons---Accused was found in possession of two kilograms charas---Record showed that though police party had advanced information about the availability of present accused along with charas but they did not bother to take with them any private person either from the place of information or from the place of incident to witness the event---Judicial approach has to be conscious in dealing with the cases in which testimony hings upon the evidence of Police Officials alone---Provisions of S. 103, Cr.P.C. are not attracted to the cases of personal search of the accused in such cases---However, where alleged recovery is made on a road (as had happened in the present case), omission to secure independent mashirs, particularly, in the case of spy information can not be brushed aside lightly by the court---No explanation on record why the independent witness had not been associated in the recovery proceedings---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 2622 KARACHI-HIGH-COURT-SINDHBookmark this Case BACHANDO VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Safe custody and safe transmission of samples to the Forensic Science Laboratory not established---Effect---Accused was found in possession of two kilogram charas---According to the statement of complainant, he recovered the narcotics from accused and prepared the memo of arrest and recovery and deposited the same in Malkhana---Report of Laboratories and Chemical Examiner revealed that the charas was received by hand in the office through Head Constable after the delay of five (05) days but evidence on the record was silent that where the same remained for five (05) days---Similarly, evidence regarding safe transmission of alleged recovered narcotics to the laboratory for chemical analysis was also missing---If safe custody of narcotics and its transmission through safe hands was not established on the record, same could not be used against the accused---Chain of custody or safe custody and safe transmission of narcotics begins with seizure of the narcotic by the law enforcement officer, followed by separation of the representative samples of the seized narcotic, storage of the representative samples with the law enforcement agency and then dispatching thereof to the office of the Chemical Examiner for examination and testing---Such chain of custody must be safe and secure---Record of present case showed that it was not a safe transit of narcotics case---Appeal against conviction was allowed, in circumstances.

BACHANDO vs State Benefit of doubt — 2023 YLR 2622 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2023 YLR