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

Case information

Citation: 2021 YLR 1584 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: SHAH NARAZ vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 164---P; Criminal Procedure Code (V of 1898)

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

SHAH NARAZ VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 164---Possession of twenty two kilograms of charas and 200 grams of gardah charas---Appreciation of evidence---Confessional statement of accused---Scope---Prosecution case was that twenty two kilograms of charas and 200 grams of gardah charas concealed in the CNG cylinder fixed in the trunk of the motorcar of accused was recovered---Accused after his arrest was produced before the Judicial Magistrate, where he confessed his guilt and explained as to how he came into possession of the contraband and he also named the other accused as the owner and himself attained the status of a carrier---Judicial Magistrate was examined, who was thoroughly cross-examined, but nothing detrimental to the case of the prosecution was brought on record---Judicial Magistrate stated that the convict/ accused was produced before him and sufficient time was provided to him to think over again and again and after fulfilling the legal formalities his statement was recorded---Accused was produced on 05.04.2016 before the Judicial Magistrate, where he opted to confess and so his confession was recorded---Judicial Magistrate while recording the confession of the accused had followed the procedure and also put the needed questions and it was then he got satisfied and recorded the statement---Circumstances established that the prosecution had proved its case against the accused---Appeal against conviction was dismissed accordingly.

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