SAJID REHMAN vs State S — 2022 MLD 1966 KARACHI-HIGH-COURT-SINDH

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SAJID REHMAN VS State S.9(c)---Possession of Narcotics---Appreciation of evidence---Prosecution case was that 23 kilograms of Garda Charas in twenty packets was recovered from cabin of oil tanker of the accused---First Information Report was lodged with promptitude giving no time for concoction and the S.161, Cr.P.C statements of the witnesses were also recorded promptly which were not significantly improved upon by any witness at the time of giving evidence---Vehicle in which the accused were travelling in and where it would be when it was stopped was based on spy information which turned out to be correct---Arrest and recovery was made from the vehicle in which the accused were travelling hidden under the driver seat and as such the accused were both caught red handed with the narcotics on the spot by the police whose evidence fully corroborated each other in all material respects as well as the prosecution case---Most significantly the narcotics were recovered from accused whilst sitting in the truck which was being driven by one of the accused from whom a valid driving licence was recovered along with the narcotics when the truck was stopped---Beyond doubt the accused had actual knowledge of the narcotics which were being transported---Under S.29 Control of Narcotic Substances Act, 1997, once the recovery had been proven, as in the present case, the onus shifted to the accused to show his innocence in that at least he had no knowledge of the narcotics---None of the accused had been able to prove his innocence---Extremely difficult to foist such a large amount of charas being in total 23 kilograms---No delay in sending the chemical report for analysis which turned out to be positive---Recovered narcotics were kept in safe custody from the time of their recovery to the time when they were taken for chemical analysis---No suggestion of tampering with the same had even been made---Narcotics were sealed on the spot, remained sealed in the malkhana before being transported to the Chemical Examiner in a sealed condition as per the chemical report with the required protocols being carried out---Circumstances established that the prosecution had proved its case beyond a reasonable doubt---Appeal was dismissed accordingly.

SAJID REHMAN vs State S — 2022 MLD 1966 KARACHI-HIGH-COURT-SINDH

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