MUHAMMAD SALEH vs State S — 2024 YLR 1415 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SALEH VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Prosecution case was that two kilograms charas was recovered from the possession of the accused---First Information Report was registered with promptitude giving no time for concoction and the S.161, Cr.P.C., statements of the witnesses 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 was caught red handed with the narcotics by the police whose evidence fully corroborated each other in all material respects as well as the prosecution case---Evidence of police witnesses was as reliable as any other witness provided that no enmity existed between them and the accused and in this case no enmity had been suggested or proven against any of the police witnesses and as such the police had no reason to falsely implicate the accused in a false case---Most significantly the narcotics were recovered from the bike which the accused was driving alone with no other passengers and the narcotics were recovered from the back of the bike---Bike was recovered along with the narcotics as per memo of arrest and recovery and was produced in Court along with the recovered narcotics---Under S.29 of Control of Narcotic Substances Act, 1997, once the recovery had been proven, as in this case, the onus would shift to the accused to show his innocence in that at least he had no knowledge of the narcotics---Accused had not been able to do so in this case---In this case, it was extremely difficult and unlikely that such a large amount of narcotics would have been foisted---Furthermore, if the police had wanted to foist the narcotic on the accused, they would have simply foisted one slab on him rather than taking the time consuming and convoluted route of foisting so many smaller packets on him with other packets of narcotics inside---All relevant police entries were exhibited at trial---Accused had a long list of criminal cases against him of similar nature and as such he was a hardened criminal---Although no independent mashir was associated with the arrest and recovery of the accused and the narcotic, S.103, Cr.P.C., was excluded for offences falling under the Control of Narcotic Substances Act, 1997, by virtue of S. 25 of said Act---Circumstances established that the prosecution had proved its case beyond reasonable doubt against the accused---Appeal was accordingly dismissed.

MUHAMMAD SALEH vs State S — 2024 YLR 1415 KARACHI-HIGH-COURT-SINDH

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