JAWAAD ALI vs State S — 2022 PCrLJ 1779 KARACHI-HIGH-COURT-SINDH

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JAWAAD ALI VS State S. 9(c)--- Possession of narcotics---Appreciation of evidence---Benefit of doubt---Statements of complainant and Investigating Officer---Contradictions---Scope---Prosecution case was that 2010 grams of charas was recovered from the vehicle of accused and 2110 grams charas was recovered from the vehicle of co-accused---Arrest of the accused persons and recovery of charas from their possession were said to have taken place at around 0010 hours with the memo. of arrest and seizure said to have been prepared by the complainant on the spot showing the occurrence as spanning from 0020 to 0130 hours---Complainant had stated that the police party then returned to the Police Station, where the investigation was entrusted to the Investigating Officer and relevant papers were handed over to him, with the time of registration of the FIR's being entered as 0255 hours---Depositions of the prosecution witnesses narrated that the Investigating Officer then left the Police Station at the place of incident at 0315 hours, accompanied by the complainant and Police Constable, and conducted a site inspection at 0400 hours so as to return to the Police Station at 0430 hours with the relevant entries produced by the Investigating Officer reflecting such departure and arrival---Matter was clouded by the deposition of the Investigating Officer that his duty timings on the day were from 0800 hours to 2000 hours and the fact that the memo of inspection shown as having been prepared on the spot bore a time of 0900 hours---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

JAWAAD ALI vs State S — 2022 PCrLJ 1779 KARACHI-HIGH-COURT-SINDH

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