MUHAMMAD ABID HUSSAIN vs State Ss — 2025 SCMR 721 SUPREME-COURT

Case information

Citation: 2025 SCMR 721 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: MUHAMMAD ABID HUSSAIN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 9; Narcotic Substances Act (XXV of 1997)

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 ABID HUSSAIN VS State Ss. 497 & 103---Control of Narcotic Substances Act (XXV of 1997), S.9 (c)---Qanun-e-Shahadat (10 of 1984), Art.164---Recovery of narcotic substances---Bail, grant of---Recovery proceedings---Evidence through modern devices---Video recording not made---Accused was arrested for recovery of 1100 grams of heroin from his possession---Validity---Neither any video in shape of recording and photographs of alleged recovery was collected by police nor any private witness from locality was associated to prove alleged recovery from the possession of accused---Use of modern devices during recoveries, is not merely a procedural formality but a crucial safeguard to protect innocent persons from potential police atrocities---It provides an objective and unbiased account of recovery process, reducing risk of false implications to ensure that rights of accused are protected---In cases of stringent punishment, prosecution must present clear, cogent and reliable evidence to prove guilt of accused beyond reasonable doubt---In absence of video evidence and independent witnesses, prosecution's case relied on testimony of police officers involved in raid, which was insufficient to meet required standard of proof---Ultimate incarceration of guilty person could repair the wrong caused by mistaken relief of interim bail granted to him but no satisfactory reparation can be offered to an innocent man for his unjustified incarceration at any stage of case albeit his acquittal in long run---Supreme Court set aside the order passed by High Court and bail after arrest was granted to accused---Petition was allowed.

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