MUHAMMAD FAISAL vs State Ss — 2022 YLR 1163 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 1163 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD FAISAL vs State Ss
Subject matter: Criminal
Provisions referred to: S. 161; S. 342

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 FAISAL VS State Ss. 9(c) & 29---Transportation of narcotics---Presumption from possession of illicit articles---Appreciation of evidence---Scope---Accused along with others was arrested while transporting 110 kilograms of heroin powder---Arrest and recovery was made on the spot and the accused was caught red handed with the narcotic---Departure entry at the police station clearly showed that the raiding party was going to the place of arrest on the basis of spy information, which corroborated the prosecution case---First Information Report was also registered with promptitude giving no time for concoction and the S.161, Cr.P.C. statements were recorded promptly which were not significantly improved upon by the prosecution witnesses at the time of giving evidence---Narcotic was recovered from the boot of the car of which the accused was a passenger at the time of its recovery and the car was owned by him which he had admitted in his statement under S.342, Cr.P.C.---No suggestion of tampering with the narcotic was made---Once recovery was proved the onus shifted to the accused to show his innocence in that at least he had no knowledge of the narcotic but the accused was not able to do so---Prosecution had proved its case beyond a reasonable doubt against the accused---Appeal against conviction was dismissed, in ircumstances.

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