ABDULLAH KHAN vs State S — 2022 MLD 584 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 584 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: ABDULLAH KHAN 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

ABDULLAH KHAN VS State S.9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.6---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Scope---Allegation against accused was that he was apprehended from the street near Dera, who led the police party to his Dera wherefrom he got recovered charas weighing 08 kilograms---Patwari had admitted that the Dera was without boundary wall---Patwari had not recorded statement of respectables of the locality nor had he collected any document in the form of girdawari showing his control and supervision of the accused over the Dera---Complainant had admitted that he had arrested the accused from the street and then after his arrest accused had led to the recovery from the Dera---Dera, in the rural background, was a private place of common use by all the owners for agricultural affairs---Any co-owner can access the Dera, though some frequently visit there while others may not---Mere presence of accused on the place was not sufficient to hold him responsible for conscious possession---Samples were separately analyzed but the kind/type of protocols applied for the chromatography tests were not mentioned---Prosecution could not prove its case beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances.

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