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COLLECTOR OF CUSTOMS PREVENTIVE MODEL CUSTOMS COLLECTORATE, CUSTOMS HOUSE, KARACHI vs MAQBOOL KHAN S — 2022 PCrLJ 480 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJ 480 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PCRLJ
Parties
COLLECTOR OF CUSTOMS PREVENTIVE MODEL CUSTOMS COLLECTORATE, CUSTOMS HOUSE, KARACHI vs MAQBOOL KHAN 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

COLLECTOR OF CUSTOMS PREVENTIVE MODEL CUSTOMS COLLECTORATE, CUSTOMS HOUSE, KARACHI VS MAQBOOL KHAN S. 9(b)---Possession of narcotic---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Prosecution case was that heroin powder was recovered from the possession of accused---Complainant deposed that he separated three samples of five grams each from the heroin powder recovered from the shoes of accused in presence of mashirs---Said version was belied by mashir who had stated that the complainant separated six samples of 20 grams each viz: three samples of heroin recovered from suitcase and three samples of heroin powder recovered from shoes of accused---Prosecution had failed to even prove the separation of six samples each containing five grams heroin powder---When the separation of six samples of five grams heroin powder each as claimed by the complainant was not proved by the prosecution through evidence of witnesses then how it could be believed that samples sent to the Chemical Examiner were of the alleged heroin powder recovered from suitcase, its metal handle and shoes of accused---Said reason alone would cut the root of the prosecution case and made the whole case doubtful---Benefit of doubt if any would go in favour of the accused---Said version of complainant was also belied by the contents of chemical report showing that the sealed parcel contained heroin powder weighing 4.9 grams---Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---Appeal was dismissed with costs of Rs. 30,000 imposed on concerned Collector of Customs.

Other judgments reported in 2022 PCRLJ

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