ASLAM KHAN vs State S — 2021 PCrLJ 1018 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PCrLJ 1018 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PCRLJ
Parties: ASLAM KHAN 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

ASLAM KHAN VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Prosecution case was that 18 kgs. of charas was recovered from the fuel tank of motorcar driven by accused---Inspector along with Sub-Inspector (S.I.) as well as other excise personnel while present on the spot intercepted a motorcar driven by accused and 18 Kgs. of charas was recovered from the empty fuel tank of the same, however, neither the names of other personnel present on the spot with seizing officer had been mentioned in the murasila nor the said empty fuel tank from which the alleged contraband were recovered, had been taken into custody by the Inspector, however, the SI in his cross-examination stated that the tank of motorcar was taken vide recovery memo but perusal of contents of recovery memo revealed that no fuel tank had been taken into possession---Alleged fuel tank had not been produced before the court for exhibition of the same in support of prosecution case---When the fuel tank from which the contraband was recovered had not been produced, how it could be proved that the contraband was recovered from the same---Nowhere it was mentioned as to how and through which tool, the said fuel tank was opened as according to SI, the contraband was in shape of slabs, so how it was recovered from the fuel tank having a small hole---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2021 PCRLJ

2021 PCrLJ 506 PESHAWAR-HIGH-COURTPROFESSOR AKHTAR KHAN VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 10 & 11---Penal Code (XLV of 1860), S. 109---C…
2021 PCrLJ 1457 KARACHI-HIGH-COURT-SINDHADIL NADEEM VS State S. 497---prevention of electronic Crimes Act (XL of 2016), S. 22---Child pornography---Bail, refusal of---Delayed FIR--…
2021 PCrLJ 119 KARACHI-HIGH-COURT-SINDHSALEEM KHALID VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 20, 21 & 24---Offences against dignity of natural pers…
2021 PCrLJN 83 QUETTA-HIGH-COURT-BALOCHISTANABDULLAH alias KHALIQ DAD VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of crime weapon---De…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 11F & 11H---Supply of statements and documents to the accused---Scope---Criminal trial commences with the distributio…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 265-E & 221---Plea of guilty---Charge to state offence---Scope---When a person is convicted on a plea of guilty, the…

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