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HABIBULLAH vs State Ss — 2022 PTD 1311 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 PTD 1311 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
PTD
Parties
HABIBULLAH vs State Ss
Subject matter
Criminal

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

HABIBULLAH VS State Ss.2(s) & 156(1)---Smuggling---Offences and penalties---Appreciation of evidence---Benefit of doubt---Non-production of smuggled items before the Court---Non-association of independent witnesses---Effect---Accused was convicted for driving a vehicle containing smuggled goods---Neither the smuggled goods nor the carrier (coach) was produced before the Trial Court, which were required to be produced by the prosecution in support of its version---None of the passengers of the coach nor its conductor were associated as witness by the Investigating Officer---Benefit of such doubt was not extended in favour of the accused by the Trial Court at the time of recording conviction of the accused, for which he was entitled---Impugned judgment suffered from mis-reading, non-reading and mis-appreciation of law and evidence, which was not sustainable---Appeal against conviction was accepted, in circumstances.

Other judgments reported in 2022 PTD

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