SAJID KHAN vs State S — 2021 YLR 296 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 296 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: SAJID KHAN vs State 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

SAJID KHAN VS State S. 9(c)---Possession of heroin---appreciation of evidence---Benefit of doubt---Prosecution case was that twelve kilograms of heroin was recovered from the secret cavities of the vehicle driven by accused---Record showed that recovery was effected from the secret cavities of the vehicle made for particular purpose, however when the same were seen by the Trial Court, it was observed that no secret cavities in a structured form were found---When the case of the prosecution was of secret cavities especially made for the same and the observations of the Court were contrary to the same then the observations of the court had overriding effect upon the evidence of the prosecution---Complainant had admitted in his cross-examination that all the documents were prepared by a Police Official/witness, even the application for sending the sample to Forensic Science Laboratory was also authored by said Police Official---Said Police Official was the prosecution witness and had also signed recovery memo but he was not produced by the prosecution during the trial and was abandoned---Prosecution had failed to prove its case beyond shadow of reasonable doubt, in circumstances---appeal against conviction was allowed, in circumstances.

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