Syed LAL SHAH vs State S — 2021 MLD 922 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 922 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: Syed LAL SHAH vs State S
Subject matter: Criminal
Provisions referred to: S. 9

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed LAL SHAH VS State S.9(c)---Possession of two kilogram of charas---Appreciation of evidence---Benefit of doubt---Contradictions in the statement of witnesses---Scope---Prosecution case was that on spy information accused was stopped and on search two packets of baked charas weighing two kilograms were recovered from his Nefa---Ocular account of the incident had been furnished by two witnesses i.e. Sub-Inspector and a Constable---Witness/Sub-Inspector in his deposition stated that two packets of baked charas weighing two kilograms were recovered from the Nefa of accused---Said witness in his cross-examination stated that he searched one or two motorcycles---Accused did not try to run away---Said witness admitted that FIR had been registered in respect of recovered motorcycle against the accused---Other witness/Constable / recovery witness stated that they were on routine patrolling---Informer informed the witness/Sub-Inspector and they proceeded towards Naka---Said witness in cross-examination stated that they proceeded from Thana at 8:00 or 8:30 a.m. and reached at Naka at 9:00 or 9:15 a.m. and they searched 15/20 vehicles, simultaneously stated that they only searched one or two motorcycles---Said discrepancies and contradictions in the statements of said two witnesses could not be lightly ignored---Circumstances established that the prosecution had failed to prove the case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

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