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

Case information

Citation: 2022 MLD 1612 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: SULEMAN 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

SULEMAN VS State S.9(d)---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Possession of narcotics---Appreciation of evidence---Withholding material evidence---Scope---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 none from the three officials, who took the Murasila along with case property and accused to the Police Station, had been examined by the prosecution during trial in support of its case in order to explain the handing over of case property as well as its safe custody till the transmission to the Forensic Science Laboratory, for the reasons best known to them---Said fact was clear violation of provision of Art. 129(g) of Qanun-e-Shahadat, 1984, as the prosecution had withheld its best evidence---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, in circumstances. Head NotesCase Description

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