NAJEEBULLAH vs State S — 2022 YLR 1222 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 1222 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: NAJEEBULLAH 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

NAJEEBULLAH VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Prosecution case was that five kilograms hashish and a cash of Rs.535,000/- were recovered from the vehicle of the accused persons---Record showed that the prosecution had failed to prove any link of the co-accused persons with that of the accused---No recovery, whatsoever, was affected from the co-accused persons and the contraband was recovered from the trunk (dikki) of the vehicle---Prosecution had failed to establish that the co-accused were in knowledge of the narcotic or that the same was exposed to them---Co-accused were passengers and having no link either with the accused or the vehicle which was used in the crime---If the contraband was lying open within the view of the co-accused persons or they knew the placement of the same in the secret cavities, then the situation would have been different---Prosecution had simply proved presence of the co-accused persons in the vehicle---Mere presence of the co-accused persons in the vehicle would not involve them in the case---Circumstances established that the prosecution had failed to prove its case against the co-accused persons---Appeal against conviction to the extent of co-accused was allowed, in circumstances.

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