Case law on recording of 164 crpc statement in 9c
The case of Muhammad Asghar Ali Shah vs. The State revolves around allegations stemming from FIR No. 1193/2022 dated 3.11.2022, registered at Police Station Fareed Town, District Sahiwal, under section 9(c) of the Control of Narcotic Substances Act, 1997. Muhammad Asghar Ali Shah, along with his co-accused Nadia Rubab, was accused of transporting a substantial quantity of narcotics in Car No. AKT-1498. Muhammad Asghar Ali Shah claimed innocence, asserting that the narcotics were planted by the police and that the case against him was false. He attempted to have his version recorded by the Magistrate under section 164 of the Code of Criminal Procedure, 1898 (Cr.P.C.), which allows for the recording of statements and confessions. However, the Magistrate declined his request, citing that section 164 Cr.P.C. only allows for the recording of confessions and not other types of statements. This decision led Muhammad Asghar Ali Shah to file a writ petition under Article 199 of the Constitution