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Muhammad Naeem vs State S — 2025 PCrLJ 732 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 PCrLJ 732 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
PCRLJ
Parties
Muhammad Naeem vs State S
Subject matter
Criminal
Provisions referred to
S. 9; S. 103---P; S. 103; S. 25; Criminal Procedure Code (V of 1898)

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

Muhammad Naeem VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of charas---Appreciation of evidence---Non-association of private witnesses---Inconsequential---Prosecution case was that 2000-grams charas was recovered from the possession of applicant---Allegedly, no private person was joined in recovery proceedings except Police Officials, which was a violation of S.103, Cr.P.C---However, the application of S.103, Cr.P.C had been excluded by S.25 of the Act, 1997, in narcotics cases---Moreover, the reluctance of the general public to become a witness in such like cases was a judicially recognized fact, and there was no option left but to consider the statement of an official witness as no legal bar had been imposed in that regard---In the present case, no proof of enmity with the complainant and the prosecution witnesses had been brought on record thus, in the absence thereof, the competence of prosecution witnesses being officials was rightly believed---Moreover, the witnesses were not at all questioned about any previous ill-will or enmity with the applicant, whereby they could have been falsely nabbed and charged for the possession of the 2000-grams charas---Appeal against conviction was dismissed, in circumstances.

Other judgments reported in 2025 PCRLJ

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