SHAH NAWAZ vs State S — 2024 YLR 1204 KARACHI-HIGH-COURT-SINDH

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SHAH NAWAZ VS State S. 9(c)---Possession of narcotics---Appreciation of evidence--- Police witnesses and their evidence---Reliance---Prosecution case was that 79 kilograms charas was recovered from the vehicle of the accused persons---Record showed that the FIR was lodged with promptitude giving no time for concoction and the S.161, Cr.P.C. statements of the witnesses who gave evidence were recorded promptly which were not significantly improved upon by any witness at the time of giving evidence---Arrest and recovery was made on the spot and the accused persons were caught red handed with the narcotics in the car which one of the accused persons was driving and the other accused was sitting in the passenger seat---Evidence of police officials fully corroborated each other in all material respects as well as the prosecution case---Evidence of police witnesses was not dented despite a lengthy cross-examination---Evidence of a police witness was as reliable as any other witness provided that no enmity existed between them and the accused and in this case the accused persons were unable to prove through evidence any such enmity---Thus the police evidence was corroborative in all material respects---One of the accused persons was the driver of the car whilst the other was sitting in the front passenger seat of the car which was stopped after specifically being pointed out by a spy informer and the narcotics were recovered from the back of the car secretly concealed in wrapping papers of chocolates and coffee which were recovered from the rear of the car on the pointation of the accused persons and were secured and sealed on the spot---Most of the relevant police entries had been exhibited including those relating to departure, arrival and safe custody of the narcotic and mashirnama of arrest and recovery which was prepared on the spot---It was extremely difficult for such a large amount of narcotics to be foisted on the accused persons which was not readily available with the Anti Narcotic Force---Accused persons being the driver and passenger of the car, which was also recovered, pointed out the narcotics concealed in the rear of the car hidden in chocolate and coffee wrappers, thus they had actual knowledge of the narcotics---Circumstances established that the prosecution had proved the case beyond a reasonable doubt---Appeal against conviction was dismissed in circumstances.

SHAH NAWAZ vs State S — 2024 YLR 1204 KARACHI-HIGH-COURT-SINDH

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