REHMATULLAH vs State S — 2022 YLR 1639 KARACHI-HIGH-COURT-SINDH

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REHMATULLAH VS State S.9(c)---Possession and transportation of 1000 kilograms charas---Appreciation of evidence---Prosecution case was that 1000 kilograms charas was recovered from the diesel tank of the truck of accused persons---Record showed that the prosecution witnesses proceeded to the pointed place based on spy information to check a particular truck which was being driven by the named accused which contained huge quantities of narcotics was stopped at the particular place where the accused was arrested whilst being in the particular truck as per spy information and from where the recovery was made---Arrest and recovery was made on the spot and the accused was caught red handed with the narcotics by the police whose evidence fully corroborated each other in all material respects as well as the prosecution case---In the present case no enmity had been suggested against any of the police witnesses and as such the police had no reason to falsely implicate the accused in a false case---Police evidence which was corroborative in all material respects was believable---Narcotics were recovered from the truck which the accused was driving alone with no other passengers and the narcotics were recovered on his pointation from secret sealed cavities near/under the diesel tank of the truck which only he could have known about---Truck was recovered along with its key and the narcotics---Accused was the sole person in the truck and was driving at the time when it was stopped and the accused himself pointed out the secret cavities where the narcotic was hidden and as such he had actual knowledge that he was transporting the narcotics---To foist such a large amount of charas being in total 1000 kilograms on the accused was extremely difficult---Circumstances established that the prosecution had proved its case against the accused---Appeal against conviction was dismissed accordingly.

REHMATULLAH vs State S — 2022 YLR 1639 KARACHI-HIGH-COURT-SINDH

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