MURAD ALI vs State S — 2021 MLD 1238 PESHAWAR-HIGH-COURT

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MURAD ALI VS State S.9(b)---Possession of Narcotics---Appreciation of evidence---Prosecution case was that 106 grams of heroin was recovered from the possession of the accused---Record revealed that when charge was framed the accused did not plead guilty thereto---Accused had contested the allegations of the prosecution and had claimed himself to be innocent---Statements of four prosecution witnesses had been recorded on different dates thereafter---Thumb impression of the accused had been shown obtained on a preprinted form, wherein certain blank spaces had been filled with black ink---Second charge was framed and also on preprinted form wherein blank spaces had just been filled with black ink---Accused was shown to have pleaded his guilt to that charge by affixing his thumb impression---Statement of the accused had also been shown recorded on a preprinted form in the above-mentioned manner, it indicated a different date---Record in the trial had been transferred to the Trial Court wherein notice had been issued to accused for the following date---On said date all the above-mentioned proceedings had been shown conducted, but in the absence of counsel for the accused---Accused had already engaged a counsel in the trial and was being represented through his counsel, but the day he had been shown to have pleaded his guilt, all the proceedings had been conducted in absence of his counsel---Once the accused had been charge-sheeted, wherein he had pleaded innocence and claimed trial, then how was a second charge framed in the case---Such a procedure adopted by the trial court was totally alien to the law---No occasion was available for the Trial Court to have framed a second charge and that also in the said manner---Conviction recorded in the case had not been made according to law nor was the sentence justified on the basis of such a conviction---Appeal was allowed by setting aside conviction and sentence awarded by the Trial Court and matter was remanded to the Trial Court for an afresh decision.

MURAD ALI vs State S — 2021 MLD 1238 PESHAWAR-HIGH-COURT

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