PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

MUHAMMAD ASGHAR vs State S — 2022 MLD 1941 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 MLD 1941 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
MLD
Parties
MUHAMMAD ASGHAR vs State S
Subject matter
Criminal
Provisions referred to
S. 9; S. 161

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

MUHAMMAD ASGHAR VS State S.9(c)---Possession of ten kilograms of charas---Appreciation of evidence---Benefit of doubt---Prosecution case was that ten packets of charas, each weighing one kilogram, was recovered from the possession of the accused---In the present case, Police party had gone for the express purpose of patrolling and checking---Accused albeit a resident of another city, was standing alone peddling drugs at a remote location on the outskirts of the city, which did not appeal to reason and good sense, and assumed significance due to the apparent conflict between the depositions of two witnesses as to the presence of private persons at place of arrest at the relevant time, who could have acted as independent witnesses---Indeed, complainant stated that no private persons were available at the scene of the offence, hence no one could be asked to act as a mashir, whereas Head Constable stated that they requested passers-by to act as mashirs, but they refused---Even the statement of accused under S.161, Cr. P.C. appeared discrepant, as it predated the date of incident and arrest---Suffice it to say, viewed in juxtaposition, said factors served to cast doubt on the veracity of the prosecution's case---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstance.

Other judgments reported in 2022 MLD

Back to the case-law library · Search Pakistani case law in Urdu or English