Muhammad Yousuf vs State S — 2024 PCrLJ 1558 KARACHI-HIGH-COURT-SINDH

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Muhammad Yousuf VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 342---Possession of narcotic substance---Appreciation of evidence---Defence plea of false implication in the case plausible---Prosecution case was that 25-kilogram charas was recovered from the possession of the accused persons---Accused persons examined themselves on oath under S.340(2), Cr.P.C., and stated that on the day of incident at 06.00 p.m. they had a dispute over an electricity issue with the Mohalla people and during such dispute police came on two official vehicles and arrested them and they were handed over to Anti-Narcotic Force Officials where they were falsely involved in the case---To support their version accused persons examined two defence witnesses, both of whom supported their version while deposing that there was a quarrel between the accused and defence witness and the matter was being patched up, however, police came there and took away the accused persons---In respect of such quarrel a N.C Report No. 19 at 05.35 pm on 05-03-2016 for the offence under Ss.337-F(i) & 504, P.P.C, was registered at police station which was exhibited in their evidence and supported the version of the accused persons---Both the defence witnesses were also independent and not related to the accused persons but rather just neighbors who had witnessed them being arrested on the day of the incident and nothing was recovered from them at the time of their arrest---Anti-Narcotic Force had not challenged the said N.C report during their cross-examination---As such, the defence plea set up by the accused persons appeared to have some weight in the absence of any denial by the prosecution---Appeal against conviction was allowed, in circumstances.

Muhammad Yousuf vs State S — 2024 PCrLJ 1558 KARACHI-HIGH-COURT-SINDH

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