ALI BAKHSH vs State S — 2021 MLD 1168 QUETTA-HIGH-COURT-BALOCHISTAN

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ALI BAKHSH VS State S.9(c)---Possession of forty kilograms of charas---Appreciation of evidence---Prosecution case was that on spy information vehicle driven by accused was checked and 40 packets of charas were recovered from secret cavities of the vehicle, each packet weighing one kilogram, total 40 kilograms---Prosecution produced recovery witness and complainant to prove the charge---Said witnesses remained consistent and firm regarding the recovery effected from the accused, they were tested through lengthy cross-examination but their evidence could not be shattered---Apparently, sufficient evidence was available on record to prove the guilt of the accused and he being a driver of the vehicle was in charge of the vehicle and his culpability was established beyond the shadow of doubt---Accused had taken the stance in his statement recorded under S.342, Cr.P.C, that he was innocent and had falsely been involved into the case due to exchange of hot words with the SHO, but despite that he neither opted to record his statement under S.340(2), Cr.P.C, nor any evidence was produced by him in his defence---Mere bald and general assertions were not sufficient to discard the overwhelming prosecution evidence---Accused was admittedly driving the car from which the alleged narcotic was recovered---Accused being the driver was well within the knowledge about the concealment of narcotic in the vehicle---Police Officials were competent witnesses, and their evidence could not be discarded only for the reason that they were Police Officials---Police Officials had furnished straightforward and confidence inspiring evidence---Circumstances established that prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances.

ALI BAKHSH vs State S — 2021 MLD 1168 QUETTA-HIGH-COURT-BALOCHISTAN

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