State vs IMRAN S — 2021 YLR 1120 PESHAWAR-HIGH-COURT

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State VS IMRAN S. 9(c)---Possession of 18200 grams of charas---Appreciation of evidence---Appeal against acquittal---Contradictions in the statements of witnesses---Scope---Prosecution case was that 18200 grams of charas was recovered from a gas cylinder fixed in the dickey of a motorcar driven by accused---In the present case, the complainant stated that the gas cylinder was removed by all seven police officials and was placed on the ground where after with the help of instruments i.e. screw driver it was opened and the recoveries were effected---Other police witness stated that when he reached near the motorcar he found the gas cylinder intact in the dickey and without dislodging it the recovery was effected---Complainant stated that the weighment was made with the help of a digital scale lying in his motorcar, whereas the Investigating Officer stated that he himself made the weighment with the help of a manual scale by using different bots---Prosecution case ran with abnormalities that despite the fact the police officials were armed with sophisticated weapons but they did not resort even to ariel firing to compel the decamping accused to stop and he apprehended---Nothing was on record as to why an open opportunity was extended to accused to leave the scene---Witnesses ran with glaring contradictions and improvements and they never remained consistent on material points of the case---Recovery so effected could not get support from the complainant and the Investigating Officer, as they stated that the recovered narcotic was consisting of slabs and that it was charas pukhta, however, when the case property was produced before the Trial Court, on request of accused, it was opened, where on one hand some of the seals were found broken, whereas on the other it was in pieces---Said contradiction further disputed the veracity of the witnesses on one hand and the identity of the recovered narcotic on the other hand---Prosecution failed to prove its case against the accused, in circumstances---Appeal against acquittal was dismissed accordingly.

State vs IMRAN S — 2021 YLR 1120 PESHAWAR-HIGH-COURT

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