LAL BUX alias LAL vs State S — 2023 YLR 321 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 321 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: LAL BUX alias LAL 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

LAL BUX alias LAL 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---Scope---Allegedly, 1100 grams of charas was recovered from the possession of accused---Record showed that accused was arrested from main street but no independent persons of the locality had been associated in recovery proceedings---Only the Police Officials who were subordinates to the complainant were made as mashirs of arrest and recovery proceedings---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 street as had happened in the present case and the people were available there, omission to secure independent mashirs, particularly, in police case could not be brushed aside lightly by the court---No explanation on record why no any independent person from the vicinity had been joined to witness the recovery proceedings---Circumstances established that the prosecution had failed to prove the guilt against the accused beyond any reasonable doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

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