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MUHAMMAD KHURAM vs State S — 2022 PCrLJ 929 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PCrLJ 929 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PCRLJ
Parties
MUHAMMAD KHURAM 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

MUHAMMAD KHURAM VS State S. 9(c)---Transportation of narcotics---Appreciation of evidence---Benefit of doubt---Delayed FIR---Scope---Accused was convicted for having been apprehended while transporting 25 kilograms of charas and 3 kilograms of opium---Report regarding the occurrence was not recorded on the spot and the same was recorded on the next day reason for which was given that there was no proper arrangement for measurement of narcotics---Case property and accused were handed over to the security personnel present at the Customs Intelligence and Investigation office for the night---Strong possibility of placing the narcotics in the motorcar during the night existed, which aspect of the case had created serious doubt in the story of prosecution---Complainant had completed the entire proceedings in his office in presence of his subordinates, who were shown marginal witnesses to the recovery memo---Columns of number of FIR and time of report were left blank which columns were later on filled in with hand writing---Material contradictions were observed in the statements of prosecution witnesses---Prosecution had failed to bring home the charge against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

Other judgments reported in 2022 PCRLJ

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