Muhammad Faisal vs State S — 2025 YLR 2356 KARACHI-HIGH-COURT-SINDH

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Muhammad Faisal VS State S. 497---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotic substances---Bail, grant of---Further inquiry---Allegation against the accused-petitioner was that 1120-grams charas was recovered from his possession---Upon perusal of the statements under S.161, Cr.P.C., of the recovery witnesses/mashirs, it was noted that not a single word was mentioned in their statements indicating that they visited the place of incident or that the Investigating Officer had appointed them as attesting witnesses for the preparation of the memo---Therefore, at this stage, tentatively, such variant was relevant for consideration---In the present case, the description of the place of incident indicated that it occurred in a busy-area; however, the police had failed to provide any explanation as to why independent witnesses were not cited at the time of recovery or even during the inspection of the place of incident---Noteworthy that while S.25 of the Control of Narcotic Substances Act excluded the application of S.103, Cr.P.C., the police were still required to provide cogent reasons for not involving independent witnesses---Prosecution's story was primarily based on the recovery of two slabs of charas---However, the prosecution hadfailed to specify the weight of each individual slab---While it was mentioned that the two slabs collectively weighed 1120 grams, the omission of the weight of each slab individually constituted a flaw in the case---Witnesses cited in the case were all police officials and therefore, there was no likelihood of the applicant influencing or tampering with their evidence---In such circumstances, applicant/accused had been able to make out a case for grant of bail---Bail application was allowed, in circumstances.

Muhammad Faisal vs State S — 2025 YLR 2356 KARACHI-HIGH-COURT-SINDH

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