Questions asked in court to a Drug Paddler
Q. No.1 Have you heard and understood the prosecution evidence which has been recorded in your presence and hearing?
Ans.. Yes.
Q. No.2 It is in the prosecution evidence that on 04.07.2016 Arshed Ali ASI/complainant alongwith other officials was on patrol duty at bridge Malik Pur on official vehicle bearing No. 994/PKB where spy informer informed him that you accused was busy in sealing chars at bridge Pati Pur. Accordingly, a raid was conducted upon you and you were apprehended and disclosed your name as Ayub. You were holding a shopper in your right hand and on search of shopper chars P1 was recovered on weighing which was 1130 gram. On your further search electric scale P2 and sale proceed of Rs. 1750 consisting upon three notes of Rs. 500/- P3/1-3 and two currency notes of Rs. 100/- P4/1-2 and one note of Rs. 50/- P5 were also recovered. All the recoveries were sealed into parcel recovered chars and sale proceed were sealed with separate seals and taken into possession vide recovery Memo Ex.PB in the presence of PWs said recovery was signed by the PWs. What have you to say about it?
Ans. It is all incorrect.
Q. No.3 It is in the prosecution evidence that the complainant drafted complaint Ex.PA on the basis of which FIR Ex.PA/1 was registered, thereafter, Investigating Officer visited the place of occurrence and sketched rough site plan Ex.PC. What have you to say about it?
Ans.. It is quite incorrect.
Q. No.4 It is in the prosecution evidence that as per narcotics analysis report Ex.PD submitted samples were declared as chars. What have you to say about it?
Ans. I know nothing about the report however the sample prepared while sitting at police station and a false report managed in order to prove a false case against me.
Q. No.5 Why this case against you and why the PWs have deposed against you?
Ans. I have been falsely implicated in this case. The police has malafide implicated me just to show their efficiency. Neither I was indulged in dealing with narcotics business nor any recovery of disputed chars has been effected from me. Bogus and fake recovery of chars has been planted upon me. the entire proceedings of raid as alleged by the police is fake and not supported by entries in the daily dairy register of the police. In this regard statement of PW-1 Muhammad Ashfaq 349/HUE AND CRIES is self-spoken. Evidence of the prosecution is full of material contradictions and there are rampant loopholes in it. All the PWs are subordinate to the complainant and I.O. and no public witness has been joined into proceedings of raid despite availability of public witnesses as well as time for calling public witnesses. The evidence of the prosecution is based on material contradictions which as rendered the same untrustworthy and unbelievable because same is full of material doubts while each and every doubt is to be resolved in favour of the accused, so, prosecution has miserably failed to bring home my guilt in this case. However, complainant apprehended me one day prior to occurrence from my house on the basis of suspicion and took me to police station. Complainant Muhammad Arshed ASI demanded illegal gratification on my refusal he foes the alleged recover chars upon my person just to take revenge and to show his fake efficiency.
Q. No.6 Do you want to appear as witness u/s 340(2) Cr.P.C?
Ans.. No.
Q. No.7 Do you want to give any evidence in your defence?
Ans.. Yes.
Q. No.8 Do you want to say anything else?
Ans.. I am innocent and pray for acquittal in this case.
These are formal questions put to an accused at the time of trial by the prosecution under section 342 of Code of Criminal Procedure.
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