SULEMAN vs State S — 2022 MLD 1612 PESHAWAR-HIGH-COURT

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SULEMAN VS State S.9(d)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Prosecution case was that 7028 grams of charas was recovered from the motorcar driven by the accused, while co-accused was sitting on front seat of the said motorcar---Record showed that neither in the Murasila nor in the Forensic Science Laboratory Report, it had been mentioned that it was Charas Pukhta or Charas Garda---Likewise, the contents of Murasila revealed that samples were separated from the recovered contraband and sealed into parcels for sending it to Forensic Science Laboratory but neither number nor name of monogram affixed thereon had been mentioned in the Murasila---Though in recovery memo, the number of monogram had been written as 3/3 monograms but instead of mentioning the name of monogram, only a rubber stamp had been affixed therein; which did not denote any monogram---Besides, registration documents of the motorcar had allegedly been recovered from the motorcar in question but it had not been clarified that from which place of the motorcar, it was recovered and; who was owner of the vehicle as per the registration documents---Even no driving license had been recovered from the direct possession of the accused; so in absence of any driving license, it could not be stated with certainty that who was on driving seat of the motorcar at the relevant time, so mere disclosing the accused as driver of the vehicle was not sufficient qua corroboration of version of prosecution particularly when no recovery had been effected from the immediate possession of the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt to sustain conviction---Appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court. Head NotesCase Description

SULEMAN vs State S — 2022 MLD 1612 PESHAWAR-HIGH-COURT

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