Nadir Ali vs State Ss — 2025 YLR 2210 KARACHI-HIGH-COURT-SINDH

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Nadir Ali VS State Ss. 9(c) & 25---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotic substance---Appreciation of evidence---Benefit of doubt---Non-association of private witnesses at the time of recovery of contraband---Consequential---Prosecution case was that 04-kilogram charas was recovered from the possession of accused-appellant---As per the prosecution's case, incident had occurred in a busy area i.e. main gate bus stand, where many private persons were available, but no efforts were made by the Investigating Officer of the crime to arrange any witness of the locality, who might have seen the appellant in any manner linked with the narcotic dropped from his motorcycle and police recovered the subject drug---No doubt application of S.103, Cr.P.C., had been excluded under S.25 of Control of Narcotics Substances Act, 1997, yet the necessity of employing a private person as mashir could not be overlooked for the reason that the place of incident was a busy place and people were present and it was a day time---Investigating Officer admitted in evidence that it was a busy place and people were available---Thus, there was a deliberate avoidance of obtaining an independent mashir on the free ride of S.25 of the Act 1997---Complainant had not given any explanation as to why he did not request any person to become a witness to the recovery of drug from the place of the incident---Prosecution for protection of S.25 of the Act 1997 had to give justified reasons otherwise, noncompliance of S.103, Cr.P.C., would be fatal---In the case at hand, the failure of the prosecution to gather otherwise available independent witnesses was more than enough to create serious doubts in their case against the appellant---Circumstances established that the prosecution had failed to prove the case against the appellant beyond a reasonable doubt by producing reliable, trustworthy, and confidence-inspiring evidence---Appeal was allowed, accordingly.

Nadir Ali vs State Ss — 2025 YLR 2210 KARACHI-HIGH-COURT-SINDH

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