Duty of I.O. to get recovery witnesses from locality unless from the facts and circumstances of the case it is not possible to obtain mashir of the locality from where the recovery and arrest is made, 1992 SCMR 96, Yar Muhammad etc. Cases ref. PLD 1990 Kar. 275, Yasin Kumhar; PLD 1990 S.C. 1083, Mst. Shabbo; PLD 1991 S.C. 447, Waqar Zaheer.
Sec. 103 Cr.P.C. not complied with on information that 7 persons had assembled for dacoity. Massive exchange of firing took place. 3 persons arrested at the spot and weapons recovered. Spot surrounded by houses of local people but no person of locality associated as witness. Appeal allowed. (D.B) PLJ 1996 Cr.C. (Kar.) 46, Nawaz etc.
Recovery witnesses not from the village of recovery do not make the recovery unreliable. (D.B) PLJ 1987 Cr.C. (Lah.) 372. Akhtar etc.
Pre-arranged raid to arrest accused, yet respectables of locality, as required u/S. 103, Cr.P.C. not joined in search for weapons. Held, very strong evidence is required to show that the accused were preparing to commit dacoity. Appeal allowed. (DB) PLJ 1991 Cr.C. (Lah.) 474. Shujaat Ali.
Respectables of locality not joined in recovery of 5 klashnikovs as it was night time, and the accused had no enmity with police witnesses. Convictions upheld. (D.B) PLJ 1991 Cr.C. (Kar.) 494. Abdul Rahim.
Recovery witness from another village being related to the deceased and not explaining presence at the time of recoveries, not relied upon. (D.B) PLJ 1987 Cr.C. (Lah.) 462 Muhammad Yar etc.
Recovery witness not from locality but from a place 7 miles away. Other recovery witness interested and inimical. Recovery disbelieved. (D.B) PLJ 1996 Cr.C. (Lah.) 1830, Muhammad Saleem Qadri.
Recovery of Kalashnikov at the pointation of the accused. One witness related to the deceased and not from the locality. No proper and effective effort made to pick up independent and respectable persons from locality despite such opportunity was available. No explanation available on record for non-compliance of sec. 103 Cr.P.C. Conviction set aside. (D.B) PLJ 1996 Cr.C. (Kar.) 1679, Hajjan Shah.
Local witnesses not attesting recovery made after 8 days of occurrence, not relied upon. PLJ 1987 Cr.C. (Lah.) 395. Bashir Ahmed etc.
Chance witness of recovery happening to be a neighbour and neighbour's friend of the deceased. Independent witnesses of recovery available. Such recovery not relied upon. (DB) PLD 1987 (Q) 96 Azeem Shah.
Recovery of gun not attested by person of locality although I.O. admitted that several persons from the locality had gathered at the spot at the time of recovery yet he got the recovery memo attested by a person from another village. Recovery not relied upon. 1988 SCMR 1592. Atta Muhammad v. Ghulam Muhammad.
Witness from other village. Recovery witnesses brought from village other than from where recovery took place. Held, recovery doubtful. Recovery must be strictly proved by independent evidence. PLJ 1976 Lah. 258. Muhammad Ali.
No respectable of locality joined in the house searched from where heroin was recovered, held, the evidence could not be rejected for non-compliance with Sec. 103, Cr.P.C. when dishonesty or enmity with police is not proved. PLD 1990 SC 1088. Taslim Khan.
Recovery witness not from locality is not a proper reason for excluding his evidence. Sec. 103, Cr.P.C. is meant for searches made in pursuance of search warrant. 1985 SCMR 854. Ballia etc.
Recovery witness not residents of the place of recovery but of some other place is no ground for holding that the recovery was not established. (DB) PLD 1962 Lah. 58. Mela etc.
Recovery witness from 2 miles believed, as in rural areas 2 miles is not a long distance. Such witness should be regarded as witness of locality. (DB) PLD 1985 Kar. 595. Ishaq.
Witnesses not from locality and of questionable respectability not relied upon. Section 103 (1), Cr.P.C. not complied. (DB) 1972 P.Cr.LJ 279 Ahmed Bakhsh.
Even if witnesses are residents of locality, picking up mashirs and taking them to the place of recovery proves that I.O. had procured these persons prior to recovery to witness the occurrence. This mode of witnessing recovery, held, improper. (DB) PLJ 1990 Cr.C. (Kar.) 471. Yamin Kumhar. PLD 1990 Kar. 275.
No public witness associated with recovery of 12 bore illicit gun although recovery was made at bus stand where public witnesses are available. Revision accepted. PLJ 1991 Cr.C. (Lah.) 367. Khial Din.
Respectables from the locality as recovery witnesses are to be preferred over strangers. (DB) PLJ 1990 Cr.C. (Kar.) 1435 Muhammad Achar = NLR 1990 Cr. 282 = PLD 1990 Kar. 314.
Recovery witness not from locality itself does not make the recovery unreliable unless the accused shows whether non-compliance with the provisions of section 103, Cr.P.C. caused him prejudice. PLD 1989 FSC 17 Shah Jahan.