Shahzado vs State S — 2025 YLR 2609 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 2609 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Shahzado vs State S
Subject matter: Criminal
Provisions referred to: S. 497---C; S. 9; S. 497; Narcotic Substances Act (XXV of 1997)

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

Shahzado 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 1225 grams charas was recovered from his possession---Tentative assessment of the material available on record reflected that the alleged recovery was effected from thickly populated area, yet, no independent witness was associated with the recovery proceedings, despite the location being frequented by the general public---Non-association of private mashirs in such circumstances undermined the credibility of the prosecution case---Additionally, no video recording or photographic evidence of the recovery proceedings had been placed on record, despite the availability of technology and the statutory expectation of transparency under such circumstances---Furthermore, it was an admitted position that the petitioner was a physically disabled person, which raised a reasonable doubt with respect to his active participation in the alleged offence---In the totality of these factors, the case against the petitioner appeared to be one of further inquiry as contemplated under S.497(2), Cr.P.C.---In cases hinging solely on police testimony, particularly where the legal consequences were severe, the benefit of doubt must be afforded to the accused, even at the bail stage---Bail petition was allowed, in circumstances.

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