Jameel Ahmed vs State S — 2025 YLR 141 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 141 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Jameel Ahmed vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 21; Narcotic Substances 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

Jameel Ahmed VS State S. 9(c)---Possession of narcotic substances---Appreciation of evidence---Defective investigation---Site plan and arrest card not prepared---Prosecution case was that 1178 grams charas was recovered from the possession of the accused---Investigating Officer during cross-examination admitted that he did not record the statement of driver, who transmitted the Murasila to the Police Station and with-whom the Investigating Officer came to the place of occurrence---Driver being the member of patrolling team as well as transmitting the Murasila to the Police Station was ought be produced before the Trial Court as witness to prove its case---Investigation Officer also admitted in his cross-examination that he did not prepare the site map---Besides, in the present case, the whole proceedings were conducted by Investigating Officer in violation of the provision of S.21 of the Control of Narcotic Substances Act, 1997, despite the fact that there were two other Police Officials of the rank of SI and ASI in the entire proceedings, but none of them bothered to prepare the site plan---Such conduct of the prosecution, while dealing with a heinous case, caused considerable loss to its case because neither any site plan nor any card of arrest was prepared---Had it been prepared, the same would have been found on file to support the prosecution story---Circumstances established that the prosecution had failed to prove the charge against the accused through consistent and confidence inspiring evidence---Appeal against conviction was accordingly allowed.

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