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FAYAZ vs State S — 2022 MLD 1452 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 MLD 1452 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
MLD
Parties
FAYAZ 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

FAYAZ VS State S.9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Prosecution case was that twenty seven kilograms of Charas was recovered from the luggage of accused persons while they were travelling through a bus---Prosecution case was that two bags containing Charas allegedly belonging to the accused, who were travelling in the bus, were secured by the Ranger Officials from the roof of the bus---Accused admitted that those bags belonged to them---Such prosecution evidence was not acceptable mainly for the reasons that luggage of all the passengers were lying on the roof of the bus---During investigation, neither the tickets of bus were collected/recovered from the accused nor tags of those bags were recovered for connecting the accused in the commission of crime---Admittedly, bags were lying upon the roof of the bus---Legally, the recovery of Charas was not from the exclusive possession of the accused---Trial Court convicted the accused on the ground that the accused admitted during interrogation in presence of the Ranger Officials that those bags belonged to them---Such evidence was legally in-admissible---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 MLD

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