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USMAN SHAH vs State S — 2022 YLR 821 PESHAWAR-HIGH-COURT

Case information

Citation
2022 YLR 821 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
YLR
Parties
USMAN SHAH 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

USMAN SHAH VS State S. 9(c)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Possession of narcotics---Appreciation of evidence---Withholding best evidence---Scope---Eight kilograms of charas was allegedly recovered from the motorcar driven by accused---One of the marginal witnesses of the recovery memo was abandoned by the prosecution for reasons best known to them, not only adverse inference under Art. 129(g) of Qanun-e-Shahadat, 1984 could be drawn but the legal inference could also be drawn that if the said witness had entered into the witness box he would have not supported the prosecution case---Witness to the recovery memo had not stated anything about the samples and remaining contraband as to whether the complainant after seizure of the said contraband had handed over the same to someone else or otherwise---Forensic Science Laboratory Report disclosed that the samples were sent to Forensic Science Laboratory through Foot Constable, but no such official was produced before the Trial Court to ascertain that when and through whom he was handed over the said samples for taking the same to Forensic Science Laboratory---Prosecution had failed to prove its case beyond any reasonable doubt, in circumstances---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

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