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Citation Name: 2024 PCrLJ 1660 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Muhammad Anees vs State S — 2024 PCrLJ 1660 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 PCrLJ 1660 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
PCRLJ
Parties
Citation Name: 2024 PCrLJ 1660 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Muhammad Anees 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

Citation Name: 2024 PCrLJ 1660 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Muhammad Anees VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotic substances---Appreciation of evidence---Non-association of private witnesses at the time of recovery and arrest---Consequential---Prosecution case was that 800 grams Ice and 450 grams charas were recovered from the possession of the accused persons---According to the prosecution version, the police directly entered in the residential room of the accused persons, where they were sitting, and a shopper was lying in front of them---Meaning thereby, that neither any member of the house of the accused was associated with recovery proceedings nor was any permission obtained from the owner of the house before entering into the house, and only Police Officials, who were subordinates to the complainant, were made as mashirs of arrest and recovery proceedings---Judicial approach had to be conscious in dealing with cases in which entire testimony hinged upon the evidence of Police Officials alone---Provisions of S.103, Cr.P.C., are not attracted to the cases of personal search of accused in narcotic cases, but where the alleged recovery was made from a residential house (as had happened in this case), and the people were available there, omission to secure independent mashirs, particularly, in police case could not be brushed aside lightly by the Court---No explanation was on record as to why no independent person from the vicinity had been joined to witness the recovery proceedings---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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