State vs JAVED IQBAL S — 2021 YLR 662 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 662 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: State vs JAVED IQBAL 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 JAVED IQBAL S. 9(c)---Possession and trafficking Narcotics---Appreciation of evidence---Appeal against acquittal---Non-production of roznamcha entry/Daily Diary---Effect---Prosecution case was that 5200 grams charas in five packets wrapped in newspapers was recovered from the possession of accused, 4/4 grams charas was separated from each packet for chemical analysis while remaining 5180 grams was sealed into separate parcel---Record showed that prosecution in support of its case had not produced copy of roznamcha entry of leaving the police station for patrolling, which defect was sufficient to knock down the entire prosecution story as the base of the prosecution story for proceedings for patrolling was not supported by the documentary evidence---Production of entry of the Daily Diary report in the present case was more essential to establish the case as the entry in the roznamcha was for specific purpose of patrolling in pursuance thereof nakabandi was laid and accused was apprehended along with contraband---Circumstances established that the prosecution had not been able to show that the grounds on which the Trial Court had based acquittal of the present accused were unreasonable, perverse, unsound or manifestly wrong, calling for interference---Appeal against acquittal was dismissed, in circumstances.

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