Citation Name: 2024 MLD 1407 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Azhar Ali alias Zeeba vs State S

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Citation Name: 2024 MLD 1407 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Azhar Ali alias Zeeba VS State S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(1), Sr. No. 3(c)---Possession and transportation of 3000 grams charas---Bail, grant of---Further inquiry---Perusal of record showed that the allegation levelled against the accused was that he was arrested on a tip-off and from his possession 3000 grams of hasish/charas was recovered---There was public end information but in spite of such information, the raiding party did not try to associate a private witness---Recovery took place from a populated area but no effort was made by the raiding party to associate any person from the locality to become witness of memo. of arrest and recovery---It was apparent from the record that prior to lodging of the FIR, the mother of accused had moved an application/complaint under S.200, Cr.P.C, before the Judicial Magistrate against the SHO/SI of concerned Police Station with the allegations that the SHO and Police officials teased the entire family of accused and the mother of accused also recorded her statement before the Court about the same incident, as such, seemingly due to filing of the said case, the complainant might have involved the accused in the present case, which made the case of accused one of further inquiry---Admittedly present case had been challaned and accused was no more required for further investigation---Admittedly, the case of prosecution was based upon the evidence of Police officials, therefore, their evidence was required to be minutely scrutinized at the time of trial, whether the offence as mentioned in the FIR allegedly committed by the accused was in the manner as narrated by the complainant or otherwise---Nothing was on record to show that accused was previously convicted or had been arrested in the case of similar nature in past---Accused was released on bail, in circumstances.

Citation Name: 2024 MLD 1407 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Azhar Ali alias Zeeba vs State S — 2024 MLD 1407 QUETTA-HIGH-COURT-BALOCHISTAN

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