Police had not intention to associate independent persons to witness the raid, mashirnama had been prepared at the police station. Recovery of Kalashnikov rifle from the possession of the accused was thus doubtful. Accused acquitted. (DB) 1994 P.Cr.LJ 665, Rabail.
Recovery witnesses not respectables of locality but close relatives of the deceased. Recovery not relied upon. PLJ 1995 S.C. 1, Mehmood Ahmed etc.
When respectables of the locality not called upon as recovery witnesses in order to keep the proceedings secret, it does not make the recovery proceedings suspect. 1992 SCMR 072. Amjad and another.
Witnesses to be respectable rather than locals. Recovery witnesses under Section 103, Cr.P.C. must be respectable rather than they should be inhabitants of the locality. Collection of witnesses by the police officer for witnessing occurrence (Search), though the witnesses may be inhabitants of locality but are unable to explain their presence, provisions of section 103, Cr.P.C. are violated. PLJ 1974 Cr.C. (Kar.) 579 Abdur Rasheed PLJ 1975 Cr.C. (Kar.) 554 = 1975 P.Cr.LJ 565 = (DB) 1978 P.Cr.LJ 241. Allah Waray.
Not witnessed by respectables of locality. Such recovery of crime weapons not relied on (DB) 1976 P.Cr.LJ 243. Mangio.
Recovery witness already present in the village joining police party, not related to any party, his evidence cannot be discarded only on the ground that he does not belong to the locality. PLJ 1990 Cr.C. (Pesh.) 444 Aurangzeb v. Muhammad Sadiq etc.
Hatchet recovered from a deserted place which was 3 to 4 miles away from scene of occurrence, therefore the contention that respectables of the locality were not made "musheer" or recovery repelled. PLJ 1997 S.C. 477, Sajjad Hussain.
Person from public available and present not called upon to become witness; mandatory provisions of Sec. 103 Cr.P.C. violated. ASI himself trial of the case a sheer mockery. 25 Grams of heroin powder recovered. Appeal allowed PLJ 1998 Cr.C. (Pesh.) 756, Muhammad Khalid.
No witness from public associated in recovery of unlicensed rife which was recovered from the accused standing on the canal bridge. No explanation given for not associating public witnesses. Appeal allowed. PLJ 1998 Cr.C. (Lah.) 29, Muhammad Ashraf.
Search witness to be respectable from locality. Courts to be always vigilant to know as to why witness has trudged all the way from his place to the place of search and why police could not have a search witness from locality. PLJ 1990 Cr.C. (Kar.) 103. Aman Ullah etc.
Witnesses to be respectable rather than of the locality. In a house search the witnesses should be respectable, it is not very essential that they should belong to the locality. The emphasis is on respectability. 1977 P.Cr.LJ 132. Nasarullah etc.
When the magistrate fails to perform his duty by failing to call upon two or more respectables of the locality when search is to be made and unjustifiably passed on the task to SHO, held, requirement of law u/S. 103 Cr.P.C. is not satisfied. 1993 SCMR 2059, Arshad Zubair.
Recovery of Kalshnikov. Non-association of respectables of locality u/S. 103 Cr.P.C. does not damage the prosecution case when the recovery was made in the presence of a Magistrate. Bail petition dismissed. (D.B.) PLJ 1995 Lah. 355, Sh. Rashid Amed v. Mr. Lutaf Ali Malik etc.
Where members from public are not associated in recovery proceedings u/S. 103 Cr.P.C. which is mandatory unless it is shown by the prosecution that in the circumstances of a particular case it was not possible to have two mashirs from the public but where no efforts were made to secure two mashirs recoveries may be considered doubtful. PLJ 1997 SC 1922 State v. Bahsir
No respectable witness called to search for contraband intoxicant. Stock witnesses produced. Conviction set aside. 1974 P.Cr.LJ 437 Majeed.
Public witness not supporting recovery of Klashnikov and 7 cartridges from the possession of the accused. Solitary statement of the investigating officer not corroborated by any other evidence, held, possibility of false implication of accused cannot be ruled out. Conviction set aside. (DB) 1992 P.Cr.LJ 1248, Muzaffar.
Search witnesses. While the presence of witnesses is always desirable, their attendance is not always essential to enable evidence as to search to be given and it was alleged and proved that the articles said to have been stolen and hidden were produced by the accused himself, section 165 of Cr.P.C. did not apply. Even where the section does apply, however, there is no necessity to call either of the witnesses to the search having regard to the express terms of section 103 (2), Cr.P.C. ILR 27 Lah. 1 (PC) Malak Khan v. The King Emperor.
Failure to associate Lambardar, Chaukidar or Councillor in recovery proceedings not damage recovery evidence. (DB) PLJ 1988 Cr.C. (Lah.) 301. Dost Muhammad.
Recovery; non-examination of village Lambardar or other resident of locality is not sufficient to discard as non-genuine. 1984 SCMR 109. Rehmat Ali.
When recovery witnesses from the locality not possible to obtain prosecution might pick up any other person as such, otherwise it is the duty of investigating agency to pick up witnesses from the locality. 1992 SCMR 96, Yar Muhammad etc. PLD 1975 SC 607; 1983 SCMR 1; 1985 SCMR 854; 1986 SCMR 17; 1987 SCMR 1177; 1989 SCMR 491; PLD 1990 SC 1083; PLD 1991 SC 447 referred.
Presence of respectable independent witnesses of locality as required u/S. 103 Cr.P.C. is not required where the accused himself leads the police to a particular place to get the article recovered. PLD 1996 Q 40, Abdul Jabbar.
Two respectables of locality not joined in recovery of Klashnikov recovered at the instance of the accused from his house, while he was in police custody. Held, mandatory provision of sec. 103 Cr.P.C. violated. Appellant given benefit of doubt and acquitted. (D.B) PLJ 1997 Cr.C. (Lah.) 89, Umar Daraz.
Only one out of two respectable inhabitants of locality associated in search proceedings which has resulted in violation of sect. 103 Cr.P.C. Bail allowed where 25 grams of heroin was recovered. PLJ 1997 SC 1963, Mst. Fahmida.
Appellant himself leading to recovery of an unlicensed gun on his own pointation is relevant under Article 40 of Qanun-e-Shahadat Order, 1984 and association of two respectables of locality as required u/S. 103 Cr.P.C. is not required. PLJ 1995 S.C. 356, Mir Muhammad.
Witnesses of recovery in criminal cases: Letter No. D.B. 32-R-(5)/88 SCJ dated 20.8.1990 issued by the Supreme Court of Pakistan to the effect that often witnesses of why they failed to associate witnesses of the public in a case where the said recovery was planned well in advance. The Supreme Court directed that the requirement of associating non-official witnesses in such cases shouldbe impressed upon all concerned. When Klashinkov was recovered from the appellant and police had not joined two witnesses from public, although available the accused were acquitted. (DB) PLJ 1997 Cr.C. 1577, Gul Nawaz.