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ASAD KHAN alias KAREEM KHAN vs State S — 2022 PCrLJN 117 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 117 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ASAD KHAN alias KAREEM 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

ASAD KHAN alias KAREEM KHAN VS State S. 9(c)--- Possession of narcotic--- Appreciation of evidence---Prosecution case was that 200 packets of charas wrapped in plastic cover, weighed and found to be of one kilogram each total 200 kilograms, were recovered from a truck driven by accused---Record reflected that separation of samples for chemical analysis, taken from each bundle, was found to be sufficient to constitute forensic proof---Accused was driving the truck at the relevant time, thus, Trial Court rightly held that he was responsible for transportation of narcotic---Report of Chemical Examiner corroborated the evidence of Excise Officials---Record transpired that the charas was recovered from the truck of accused and on the same day, samples were sent to Chemical Examiner---Chemical Examiner did not find any tampering with the sealed parcels, report was positive---Defence had not been able to point out any serious flaw or infirmity that might have been viewed as material or substantial in nature in the statements of the prosecution witnesses---Alleged discrepancy in the description of the contraband recovered, between mashirnama of recovery and Chemical Examiner's report went unchallenged during the trial and as such the accused could not claim any benefit thereof in the absence of confrontation within the contemplation of Art. 140 of the Qanun-e-Shahadat, 1984---Defence objected that the evidence of witnesses was not reliable as the same suffered from material contradictions and inconsistencies---Such alleged contradictions in the testimony of witnesses that were being urged by the defence were minor in nature and would not be fatal to the case of prosecution---Huge quantity of 200 kilograms charas could not be foisted in routine---Prosecution had proved its case against the accused, in circumstances---Appeal against conviction was dismissed, in circumstances.

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