MUHAMMAD AKRAM vs The STATE — 1970 SCMR 418

Citation: 1970 SCMR 418

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-29

Parties: MUHAMMAD AKRAM vs The STATE

Headnotes

Case cited as 1970 SCMR 418

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: MUHAMMAD AKRAM vs The STATE Case No.:Criminal Petition for Special Leave to Appeal No. 303 of 1969 Criminal Revision No. 934 of 1969 Date of Judgment:1970-01-29 Reported As: 1970 SCMR 418 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-The petitioner has been convicted under section, 61 of the Punjab Excise Act for possession of 8 seers and 1 chattank of illicit charas of the value of Rs. 3,000. The recovery was effected by the Excise Officials in the presence of Mehraj Din, P. W. 2, Atta Muhammad, P. W. 3 and Fazal Elahi, P. W. 5, none of whom . Had any animus against the petitioner. It was contended before the Courts below that Mehraj Din, Atta Muhammad and Fazal Elahi were police stock witnesses and since they did not belong to the locality where the recovery was effected (Lohari Bazar, Lahore) there was contravention of section 103 of the Criminal Procedure Code. -It was found that all the three witnesses were residents of the areas close to Lohari Mandi where recovery was effected and that while Mehraj Din and Fazal Elahi had assisted the Excise Officials in the past, Atta Muhammad could not be described as a police stock witness. He is a Zamindar and lives in Sheikhupurian Bazar situated at a distance of about one mile from the place of recovery. The petition for leave to appeal is dismissed.

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.