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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---Contradictions in the statements of witnesses---Scope---Prosecution case was that heroin powder was recovered from the possession of accused---Complainant deposed that he found that heroin powder was also concealed in the bottom of shoes of the accused---Said version was contradicted by contents of mashirnama and FIR produced by him in his evidence, in which he had mentioned that the examination of pair of shoes led to further recovery of off-white heroin packed in polythene packets which were concealed in the cavities under the inner soles of said pair of shoes---Complainant deposed that he found that heroin powder was also concealed in the bottom of shoes of the accused---However, said version was belied by mashir who stated that complainant in his presence and of co-mashir checked the shoes of accused and from inside the shoes of accused further 330 grams off-white heroin powder was recovered---Neither the chemical reports produced by Investigating Officer in his evidence showed that whole heroin powder lying in both parcels was consumed in examination nor the sealed parcel containing remaining heroin powder of both parcels checked by the Chemical Examiner was produced in evidence by the witnesses in the case as proof---Chemical reports were also silent about availability of signature of complainant and mashirs on both sample parcels---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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