Muhammad Kashif vs State Ss — 2025 YLR 1877 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 1877 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Muhammad Kashif vs State Ss
Subject matter: Criminal
Provisions referred to: S. 103---P; S. 103; S. 25; S. 21; Criminal Procedure Code (V of 1898); Narcotics Substance Act; CNS 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

Muhammad Kashif VS State Ss. 9(1), Sr. No. 3(c) & 25---Criminal Procedure Code (V of 1898), S. 103---Possession and transportation of 2020 grams charas---Appreciation of evidence---Non-association of private witnesses at the time of arrest and recovery---Effect---Accused was charged for having in possession 2020-grams charas---Alleged by defence that no private witnesses was associated at the time of arrest of accused and recovery of narcotic substance---In the case of appellant, there was hindered possibility to engage an independent person to witness the search, recovery and seizure and arrest and the prosecution had explained it---Provision of S.103, Cr.P.C., is not rule of evidence but it is rule of prudence---In the cases registered under the Control of Narcotics Substance Act, 1997, the rule of exclusion of S.103, Cr.P.C., was envisaged under S.25 of the Act, 1997---Bare perusal of S.25 of the Control of Narcotics Substance Act, 1997, expounds that while making search and arrest, it is not absolute to avoid the provisions of S.103 of the Code and it is subject to compliance of S.21 of the CNS Act, 1997, by paving out way under S.25 of the CNS Act, 1997, or unavoidable circumstances such as possibility of escape or concealment or removal or destroy of case property or evidence which may put the prosecution in trouble to establish during the evidence---Therefore, the police officials are good witnesses and exclusion of independent witness can be excused while awarding sentence---Appeal against conviction was dismissed, in circumstances.

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