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AHSAN MARFANI vs State S — 2022 YLRN 5 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 5 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
AHSAN MARFANI 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

AHSAN MARFANI VS State S. 9(c)--- Possession of twenty kilograms of charas---Appreciation of evidence--- Benefit of doubt---Contradictions and infirmities in the prosecution case---Scope---Prosecution case was that twenty kilograms of charas was recovered from the possession of the accused---Description of the charas was not mentioned in the mashirnama of arrest and recovery to show and prove that the charas produced before the Chemical Analyzer and the court at the time of evidence was same and was recovered from the accused---Complainant admitted during his cross-examination, when the property was de-sealed before the court, that it was a fact that the slab of charas present in court had mono gram and such monogram was not mentioned in mashirnama, however, charas was available in carton---Prosecution case was that the property was sealed and was sent for chemical examination, however, in the report of Chemical Examiner it was mentioned that one sealed white cloth parcel was received, which also created doubt about the property as to whether the property received at the office of Chemical Examiner was same, which was allegedly recovered from the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances.

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