NIAZ AHMAD vs State S — 2021 PCrLJ 1461 PESHAWAR-HIGH-COURT

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NIAZ AHMAD VS State S. 9(c)---Possession of Narcotics---Appreciation of evidence---Benefit of doubt---Prosecution case was that 74 kilograms of Charas Garda was recovered from the secret cavities of vehicle driven by co-accused in the company of accused---Record showed that during search of the vehicle in question, the complainant noted that there was double floor beneath the seats thus, he opened the rear bumper beneath the grill with the help of tools and found double floor having secret cavity, in which 74 packets of Charas Garda were lying---Complainant separated 5/5 grams Charas Garda from each packet as sample for Forensic Science Laboratory analysis and sealed the same in parcels whereas the remaining quantity was sealed in one Parcel---Complainant affixed 3/3 seals of monogram SM over the parcels, however, the said monogram did not signify the name of the Seizing Officer---No explanation was offered as to why the said parcels did not contain the monogram of Seizing Officer, which had created a serious doubt regarding the seizure of contraband---Complainant had alleged that he had used tools for opening the secret cavity of the vehicle but he had neither specifically mentioned in the murasila nor stated in his examination-in-chief as to what kind of tools he had used and from where he had arranged said tools---Said fact of using tools by the complainant had remained unspecified during the course of investigation---After conducting the alleged recovery proceedings, the complainant sent Murasila to Police Station for registration of case, which was received by Moharrar, who stated that he received Murasila only---If only Murasila was brought to Police Station, then after registration of case, how the recovery memo, card of arrest were handedover to the Investigating Officer of the case in the Police Station, was a question, which made the preparation of said documents by the complainant highly doubtful---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

NIAZ AHMAD vs State S — 2021 PCrLJ 1461 PESHAWAR-HIGH-COURT

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