EHSAN ULLAH versus STATE
Prohibition (Enforcement Head) Order 1979 Article 3/4 Definition of Evidence Defendant alleged that 18 grams of heroin was recovered from his possession, both recovered witnesses testified to the recovery of 18 grams of heroin from the accused and the Chemical Examiner According to the report, the heroin recovered from the suspect was positive and the alleged contradiction in the deposition of the recovery witnesses was trivial, which could not be considered sufficient to keep the prosecution's story separate. The accused was challenged claiming that the same person is the complainant and the investigating officer. The irregular proceedings will be void because the complainant cum investigating officer has neither acted as a criminal court nor has any such case been shown, so the proceedings against the accused cannot be declared void. The suspect was found on the street selling heroin, and his personal search resulted in 18 grams. There was no violation of heroin section 103, the CRPC was, in the circumstances, properly punished and sentenced by the accused.
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