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NORAB KHAN vs State S — 2022 PCrLJ 402 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PCrLJ 402 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PCRLJ
Parties
NORAB 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

NORAB KHAN VS State S. 9(d)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Allegation against the accused was that 5000 grams of charas were recovered from the motorcycle which was being driven by the accused---Record showed that according to the FIR and statement of the complainant, the murasila was sent to the Police Station through a Constable but the prosecution had not recorded his statement for the reason best known to them---Complainant in his examination-in-chief stated that from each envelope 05 grams charas were separated for the purpose of Forensic Science Laboratory whereas perusal of murasila and FIR showed that 10/10 grams were separated from 05 envelopes which created serious doubt in the prosecution case---Recovery witness in his cross-examination stated that they came back to the Police Station on the same day at about 06:00 p.m. whereas Investigating Officer in his cross-examination stated that after conducting the entire proceedings on the spot, he returned to the Police Station at 07:00 p.m. on the same day while Moharrir in his cross-examination stated that at about 06:00/06:30 p.m. the samples were brought by the Investigating Officer and thereafter he received the same---Circumstances established that the prosecution evidence was discrepant, contradictory and could not be considered sufficient for basing conviction of the accused---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

Other judgments reported in 2022 PCRLJ

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