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Bangal Khan vs State Ss — 2024 PCrLJ 1241 ISLAMABAD

Case information

Citation
2024 PCrLJ 1241 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
PCRLJ
Parties
Bangal Khan vs State Ss
Subject matter
Criminal
Provisions referred to
S. 156

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

Bangal Khan VS State Ss. 9(c) & 21---Possession of narcotics---Appreciation of evidence---Power of entry, search, seizure and arrest without warrant---Scope---Prosecution case was that 1780 grams heroin powder was recovered from the vehicle driven by accused---Complainant who initially made a search and arrested the accused was Assistant Sub-Inspector (ASI) who was not authorized by any stretch of imagination to effectively made a search under the law---Such search and recovery had lost its significance and legal worth, which was in violation of the law at the very initial process of the case---Moreover, the search and arrest of the accused was conducted by CIA officials at the initial stage---Such aspect reflected that the very foundation of the case was defective as CIA had no legal justification to proceed in such type of cases unless they had specifically been notified in that regard by the Superintendent of Police (SP), CIA---Initially the complaint was lodged by ASI of CIA who had not been assigned with any special duty in terms of the Police Rules, 1934---In the present case, the CIA staff directly proceeded with the recovery, arrested and searched the accused, though CIA officers were not covered under S.156 Cr.P.C to investigate any cognizable case which could only be conducted by Officer-in-Charge of the police station, therefore, very basis of present case was against the law---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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