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MUHAMMAD URIS vs State S — 2023 YLRN 22 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 YLRN 22 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
MUHAMMAD URIS 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

MUHAMMAD URIS 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, 1010 grams of charas was recovered from the possession of accused---Record showed that accused was arrested from a populated area and the complainant had sufficient time to call the independent persons of the locality to witness the recovery proceedings but it was not done by him---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 road as had happened in the present case, omission to secure independent mashirs, particularly in police case could not be brushed aside lightly by the court--- No explanation on record was available to show as to why no 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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