SHAH NARAZ vs State S — 2021 YLR 1584 PESHAWAR-HIGH-COURT

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SHAH NARAZ VS State S. 9(c)---Possession of twenty two kilograms of Charas and 200 grams of gardah charas--- Appreciation of evidence---Prosecution case was that twenty two kilograms and 200 grams of gardahcharas concealed in the CNG cylinder fixed in the trunk of the motorcar of accused was recovered---Accused was arrested on the spot and huge quantity of narcotic was recovered from his motorcar on his pointation---Test samples were dispatched to the office of Chemical Examiner for analysis wherefrom a positive report was received---Prosecution produced as many as 12 witnesses and all the witnesses remained consistent on material aspects of the case---Motorcar was taken into possession and no rival claimant turned up to claim its ownership and even the accused could not disassociate himself from the car in question---Witnesses were put to lengthy cross-examination but nothing favourable could be extracted from their mouth to favour the accused---Record was silent as to mala fide of persons who arrested and effected the recovery---Quantity recovered was huge and there was no reason that witnesses were so interested that the contraband was planted against the accused to implicate him in the case---Nothing on record that either the Investigating Officer or the Seizing Officer had any personal grudge with the accused, which could result in planting the narcotic against the convict/accused---Mode and manner of arrest had left no room to disbelieve the prosecution---Seizing and Investigating Officer were thoroughly cross-examined regarding the recovery, its weighment and dispatch to the office of Chemical Examiner, but nothing was brought which could discredit those witnesses, as they went coherent and consistent---Circumstances established that the prosecution had proved its case against the accused---Appeal against conviction was dismissed accordingly.

SHAH NARAZ vs State S — 2021 YLR 1584 PESHAWAR-HIGH-COURT

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