MUHAMMAD AYAZ vs State S — 2022 YLRN 145 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD AYAZ VS State S. 9(c)---Possession of 116 kilograms of charas---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused were found sitting in a car from the dickey of which, 116 kilograms of charas was recovered in the shape of slabs---Prosecution had brought sufficient and un-shaky evidence to establish that from the car driven by accused total 116 kgs. of charas was recovered---Neither it was alleged nor the same was believable that such a huge quantity of the narcotics was foisted by the raiding party even on account of animosity---None of the accused had specifically alleged animosity with any of the members of the raiding party---Allegedly, the empty envelopes/casings of samples were not produced during the trial---Production of the empty envelopes/casings of samples were least necessary as the recovery of narcotic had already been established through the report of the chemical analyzer---Record transpired that the case of co-accused was distinguishable from the case of the main accused---Co-accused was neither the driver nor the owner of the vehicle which was employed for transportation of a huge quantity of recovered narcotic---Co-accused was only sitting in the car on the passenger seat---Prosecution could not bring evidence to establish that co-accused was the playmate of the main culprit in the entire episode---Co-accused was not relative to the main culprit, who was occupying the driving seat and driving the car at the time of interception by the raiding party---Prosecution could not effectuate or catalyze through some concrete material that the co-accused boarded in the vehicle from the same place and he was well aware that in the boot/dickey of the car some contraband articles were lying---Mere presence of a person in a vehicle wherefrom some narcotic was recovered would not be sufficient to hold the seater liable for such recoveries unless the prosecution established through reliable evidence about his conscious knowledge---Seater on the passenger seat could not be connected on the basis of possibilities or assumptions---Circumstances established that charge of having narcotic in the boot/dickey of the car was not established against the co-accused as no evidence was available on the record to justify the conscious knowledge of the co-accused---Prosecution had successfully brought the guilt of the accused at home---Appeal against conviction was allowed to the extent of co-accused, in circumstances---Appeal to the extent of main accused was dismissed accordingly.

MUHAMMAD AYAZ vs State S — 2022 YLRN 145 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported