Muhammad Imran vs State S — 2025 YLR 888 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 888 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Muhammad Imran vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 161

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 Imran VS State S. 9(c)---Possession of narcotic substances---Appreciation of evidence---Preparation of complaint at the spot not proved---Prosecution case was that 19-kilograms heroin was recovered from the vehicle of the accused---Allegedly, the complaint was prepared at the place of recovery and shortly thereafter was dispatched to the police station through Police Constable upon which formal FIR was chalked out by Head Constable---Though Head Constable claimed in his examination-in-chief to have registered the formal FIR after the receipt of complaint but during cross-examination it turned out to be an outcome of dishonest improvement---As a matter of fact, in his S.161 Cr.P.C. statement nothing as such was mentioned by Head Constable which might give some clue about the receipt of complaint and registration of FIR---Said Head Constable covered such deficiency by making additions in his examination-in-chief---Since this was an important aspect, in the given circumstances, there were no other option but to hold that prosecution failed to substantiate the claim of preparing the complaint at the spot and its dispatch to police station for the registration of formal FIR---Thus, it appeared that all the proceedings pertaining to the preparation of complaint etc. were carried out while sitting in the police station---Appeal against conviction was allowed, in circumstances.

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