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Shah Nawaz vs State S — 2024 PCrLJ 1678 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 1678 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
Shah Nawaz vs State S
Subject matter
Criminal
Provisions referred to
S. 9; S. 103---P; S. 25; S. 103; Criminal Procedure Code (V of 1898); Narcotic Substance Act

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

Shah Nawaz VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotic substance---Appreciation of evidence---Non-association of private witnesses at the time of recovery and arrest---Inconsequential---Prosecution case was that 50-kilograms charas was recovered from the Rickshaw driven by the accused---Despite having prior information no private persons were associated as witness/mashir in the recovery proceeding---Reluctance of the general public to become a witness in such cases had become a judicially recognized fact and there was no way out but to consider the statement of the official witnesses as no legal bar or restriction had been imposed in such regards---No direct enmity or ill-will had been suggested by the accused against the complainant or any of the officials who participated in recovery proceedings during cross-examination, and therefore in the circumstances the Police Officials were good witnesses and could be relied upon if their testimony remained un-shattered during the cross-examination---Even otherwise, the provision of S.25 of the Control of Narcotic Substance Act had provided the exclusion of S.103, Cr.P.C., during recovery proceedings---Prosecution had proven its case against the accused beyond a reasonable doubt by producing reliable, trustworthy and confidence inspiring evidence---Appeal against conviction was dismissed, in circumstances.

Other judgments reported in 2024 PCRLJ

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