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State vs SHAHID HUSSAIN S — 2021 PCrLJ 1274 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJ 1274 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PCRLJ
Parties
State vs SHAHID HUSSAIN 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

State VS SHAHID HUSSAIN S. 9(c)---Possession of narcotic---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Prosecution case was that 3600 grams of charas was recovered from the plastic envelop along with mobile belonging to accused---Admittedly, neither the alleged illegal stuff had been recovered from the direct possession of the accused nor he was shown arrested on the spot---Name of accused was not mentioned in the FIR nor his features were mentioned therein---Prosecution case was that SIM recovered from the spot was registered in the name of accused, therefore, he was arrested in the case---Seizing Officer and marginal witness to the recovery memo in their cross examinations categorically stated that they were unable to see the face of accused as his back was towards them, therefore, his description and feature was not given in the Murasilla, thus, the entire case of the prosecution is based on the CDR data of recovered SIM---Nothing was available on record to show that the SIM relied by the prosecution was registered in the name of the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt, thus Trial Court had rightly acquitted the accused--- Appeal against acquittal was dismissed accordingly.

Other judgments reported in 2021 PCRLJ

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