Nek Rehman alias Zeeshan vs State Ss — 2024 YLR 2783 KARACHI-HIGH-COURT-SINDH

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Nek Rehman alias Zeeshan VS State Ss. 9(c) & 29---Possession of narcotic substance---Appreciation of evidence---Conscious knowledge of presume of narcotic in the vehicle---Prosecution case was that 22-kilograms charas was recovered from the vehicle of the accused---Being the driver of the car which was associated with the accused actual knowledge of the narcotic substance could be established especially as he had 4-kilograms around his waist at the time of his arrest---Furthermore, under S.29 Control of Narcotic Substances Act, 1997, once the recovery had been proven as in this case the onus shifted to the accused to show his innocence in that at least he had no knowledge of the narcotic substance---Accused who was the driver of the vehicle had not been able to do so in this case as the evidence showed that the narcotic substance was recovered from him on the spot whilst driving the car and as such he was caught red handed and arrested on the spot along with the narcotic substance which was recovered from him and was also recovered from the rear seat of the car which he was driving and connected with---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against the accused---Appeal against conviction was accordingly dismissed. Citation Name: 2024 YLR 2783 KARACHI-HIGH-COURT-SINDH Nek Rehman alias Zeeshan VS State Police witnesses---Scope---Evidence of police witnesses is as reliable as any other witness provided that no enmity exists between them and the accused. Citation Name: 2024 YLR 2783 KARACHI-HIGH-COURT-SINDH Nek Rehman alias Zeeshan 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---Inconsequential---Prosecution case was that 22-kilograms charas was recovered from the vehicle of the accused---Although no independent mashir was associated with the arrest and recovery of the accused, however that was not surprising because the arrest and recovery was made in the early hours of the morning when people were not likely to be about and according to a witness no one was prepared to act as an independent mashir---Even otherwise S. 103 Cr.P.C was excluded from the 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 a reasonable doubt against the accused---Appeal against conviction was accordingly dismissed. Citation Name: 2024 YLR 2783 KARACHI-HIGH-COURT-SINDH Nek Rehman alias Zeeshan VS State S. 9 (c)---Possession of narcotic substance---Appreciation of evidence---Prosecution case was that 22-kilograms charas was recovered from the vehicle of the accused---Record showed that the FIR was registered with promptitude giving no time for concoction---Section 161, Cr.P.C statements were recorded promptly which were not significantly improved upon by any witness at the time of giving evidence---Complainant and the Investigating Officer were also separate Police Officers so there was no conflict of interest---Arrest and recovery was made on the spot and the accused was caught red-handed with the narcotic substance by the police whose evidence fully corroborated each other in all material respects as well as the prosecution case---No enmity had been suggested against any of the police witnesses and as such the police had no reason to implicate the accused in a false case---Accused was the driver of the vehicle which was stopped and the narcotic substance was recovered from his person in the rear of the car which was secured and sealed on the spot---Sufficient evidence had been brought on record by the prosecution to show that the vehicle which the accused was driving at the time of his arrest and recovery was a rental vehicle which was linked to the accused---No major contradictions were found in the evidence of the witnesses and exhibits---Most of the relevant police entries had been exhibited including those relating to departure and safe custody of the narcotic---Chemical report proved to be positive and all relevant protocols were followed---It was extremely difficult for such a large amount of narcotic to be foisted on the accused which was not readily available with the police whist on patrol---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against the accused---Appeal against conviction was accordingly dismissed. Citation Name: 2024 YLR 2783 KARACHI-HIGH-COURT-SINDH Nek Rehman alias Zeeshan VS State S. 9 (c)---Possession of narcotic substance---Appreciation of evidence---Safe custody of recovered narcotic substance proved---Prosecution case was that 22-kilograms charas was recovered from the vehicle of the accused---Narcotic substance was sealed at the time of recovery and kept in the malkhana for which the person who recovered the narcotic substance was examined, the person who deposited the narcotic substance in the malkhana had been examined, the head moharrir in whose custody the narcotic was placed had also been examined, and the person who took the narcotic to the Chemical Examiner one day later had also been examined and all the relevant malkhana entries had been exhibited---Thus safe custody of the narcotic had been proven---No delay was found in sending the narcotic substance for chemical examination as they were sent the next day---Even no suggestion of tampering with the narcotic substance was made by the accused during cross- examination---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against the accused---Appeal against conviction was accordingly dismissed. Citation Name: 2024 YLR 2783 KARACHI-HIGH-COURT-SINDH Nek Rehman alias Zeeshan VS State Minor contradictions---Scope---Minor contradictions which do not affect the materiality of the evidence can be ignored.

Nek Rehman alias Zeeshan vs State Ss — 2024 YLR 2783 KARACHI-HIGH-COURT-SINDH

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