KALEEM BAIG vs State Ss — 2023 MLD 1095 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 1095 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: KALEEM BAIG vs State Ss
Subject matter: Criminal
Provisions referred to: S. 9; Narcotic Substances Act

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

KALEEM BAIG VS State Ss. 6, 9(b) & 9(c)--- Possession of 127 kilograms charas---Appreciation of evidence---Sentence, reduction in---samples from each recovered packet not sent for analysis---Effect---Prosecution case was that 107 packets containing 127 kilograms charas were recovered from the vehicle of the accused---Only issue, however, was the fact that the complainant had only sent a single packet out of a total of 107 packets recovered---Said one single packet had two slabs within it, each weighing 500 grams; totalling 1000 grams (1 kg)---While the recovery of the bags and packets was not doubtful, the nature of the contents of the same was as the complainant failed to gather representative sample from every single packet---Prosecution failed to disclose which bag that slab was taken from---As such, safe criminal administration of justice called for only one kilogram of chars to be considered against the accused---Possession of 1000 grams, having been proven against the accused, would bring his case from one under S. 9(c) to one under S. 9(b) of the Control of Narcotic Substances Act, 1997---Thus, the sentence of accused was altered from life imprisonment to one year and nine months---Appeal was disposed of in said terms.

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