SHAHID NADEEM vs State S — 2022 PCrLJ 872 PESHAWAR-HIGH-COURT

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SHAHID NADEEM VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Prosecution case was that 4915 grams opium and 9964 grams charas was recovered from the vehicle of accused---Record showed that the Investigating Officer of the case had stated in his cross-examination that the murasila was sent to the police station along with the accused and the case property while contradicting him, the complainant had stated in his cross-examination that only murasila was handed over to constable along with other documents for taking them to the police station while the case property, the vehicle and the accused were taken by him to the police station and same was statement of constable---Investigation Officer of the case had admitted in his cross examination that the site plan and statements under S. 161, Cr.P.C. of the witnesses were recorded on his dictation by an ASI who was present with him on the spot but his name, he didn't remember whereas the complainant and marginal witness to the recovery memo had stated in their depositions before the court that the Investigating Officer through his own hand writing had prepared the site plan and recorded the statements of the witnesses on the spot---Said contradictions in the statements of the prosecution witnesses were neither minor in nature nor could be ignored and same suggested that the occurrence had not taken place in the mode and manner narrated in the FIR and deposed by the prosecution witnesses before the court---No doubt, huge quantity of contraband had been recovered in the case along with the vehicle but recovery of huge quantity of narcotics was not the only criteria to convict the accused charged with trafficking of the contraband unless the indictment was proved by the prosecution beyond reasonable doubt through confidence inspiring and worth reliable evidence which was not in the present case--- 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. Head NotesCase Description

SHAHID NADEEM vs State S — 2022 PCrLJ 872 PESHAWAR-HIGH-COURT

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