NAEEM AKHTAR alias ALI HAIDER vs State S — 2024 YLR 556 KARACHI-HIGH-COURT-SINDH

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NAEEM AKHTAR alias ALI HAIDER VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Appreciation of evidence---Non-association of private persons---Inconsequential---Charas weighing 3233 kilograms was allegedly recovered from accused---In the present case, the objection raised by defence that having prior information no private persons were associated as witness/mashir in the recovery proceeding hence the provision of S. 103, Cr.P.C., was violated by the complainant and the evidence of Police Officials could not be relied upon while awarding the conviction in cases of capital punishment also had no force as the 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---Even otherwise there was no time to collect independent witnesses---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 Substances Act had provided the exclusion of S. 103, Cr.P.C., during recovery proceedings---Circumstances established that the prosecution had proved its case beyond any shadow of doubt---However, the Trial Court had passed the sentence against the accused and awarded him death sentence on the basis of his previous conviction in the narcotics case which was in violation of the legal procedure provided under the law---Death penalty awarded by the Trial Court to the accused was a harsh one and not in accordance with law, hence, same was reduced to imprisonment for life, in circumstances---Appeal was dismissed with modification in sentence.

NAEEM AKHTAR alias ALI HAIDER vs State S — 2024 YLR 556 KARACHI-HIGH-COURT-SINDH

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