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State vs SAFIR ULLAH S — 2021 PCrLJN 22 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJN 22 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
State vs SAFIR ULLAH 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 SAFIR ULLAH S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Transportation of narcotics---Report/result of test or analysis---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Contradictory statements---Scope---Accused was alleged to have been found transporting 72 kilograms of charas---Material contradictions were found in the statements of prosecution witnesses which created reasonable doubt in the prosecution case---Evidence of prosecution when placed in juxtaposition to the defence stance coupled with statement of court witness showed that possibility of false implication could not be ruled out---Report of Forensic Laboratory though was in affirmative but neither any protocol was mentioned in the report nor any test was referred to on the basis whereof the Chemical Examiner had concluded that the samples sent for examination contained charas---Appeal against acquittal was dismissed, in circumstances.

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