Citation Name: 2025 YLR 1409 KARACHI-HIGH-COURT-SINDHBookmark this Case Irfan alias Jalal vs State Ss — 2025 YLR 1409 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 1409 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Citation Name: 2025 YLR 1409 KARACHI-HIGH-COURT-SINDHBookmark this Case Irfan alias Jalal vs State Ss
Subject matter: Criminal
Provisions referred to: S. 103---P; S. 103; S. 25; Criminal Procedure Code (V of 1898); Narcotics Substance Act

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

Citation Name: 2025 YLR 1409 KARACHI-HIGH-COURT-SINDHBookmark this Case Irfan alias Jalal VS State Ss. 9(c) & 25---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotic substance---Appreciation of evidence---Non-association of private witnesses at the time of arrest and recovery---Effect---Prosecution case was that 2-kilogram charas was recovered from the possession of accused---Section 25 of the Control of Narcotics Substance Act, 1997 expounded that while making search and arrest, it was not absolute to avoid the provisions of S.103, Cr.P.C.---Seizing Officer had to meet the pre-conditionalities---There was an unhindered possibility to engage an independent person to witness the search and arrest of the appellant---Complainant in his examination-in-chief had suppressed the material factum about the presence of private person at the crime scene by stating that "no other private person was found there at that time so he carried out such exercise in presence of Official Mashirs on the spot" but in cross-examination he had conceded that "10/15 private persons were seen at a distance of around 150 meters"---Both the Mashirs had also admitted that "few persons were seen at a distance of about 100 paces, they were 10/12 in numbers"---Thus, there was a deliberate avoidance of obtaining an independent mashir on the free ride of S.25 of the Act, 1997, by false deposition by complainant---Appeal against conviction was allowed in circumstances.

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