Citation Name: 2024 MLD 1172 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Murtaza vs State S — 2024 MLD 1172 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 MLD 1172 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: MLD
Parties: Citation Name: 2024 MLD 1172 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Murtaza vs State S
Subject matter: Criminal
Provisions referred to: S. 9

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

Citation Name: 2024 MLD 1172 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Murtaza VS State S. 9(c)---Possession of narcotic---Appreciation of evidence---Delay of three hours in lodging the FIR---Consequential---Prosecution case was that 26-kilograms charas was recovered from the vehicle of the accused---Alleged occurrence took place on 10.11.2020 at 3:00 am and the FIR was lodged on 10.11.2021 at 8:00 am with a delay of five hours without any explanation---Object of recording of murasilla or registration of FIR, apart from setting law into motion, was to provide a base for carrying out an investigation in the right direction---No doubt, there were no hard and fast rules regarding the duration of time consumed in the registration of FIR, but such prompt measure would rule out the possibility of deliberation, consultation and enquiry before furnishing the information---Element of delay in lodging the crime report was treated with caution because there was a tendency to involve innocent people during the interval---Longer the intermission, greater the chances of false implication, therefore, it was necessary for the prosecution to at least come forward with a plausible explanation for the delay caused---In the instant case, no such plausible explanation came on record for lodging the FIR with such delay---Appeal against the conviction was allowed, in circumstances.

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