MUHAMMAD UMAIR alias KABO vs State S — 2023 MLD 2098 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD UMAIR alias KABO VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Recovery of huge quantity of narcotics from drug peddlers---In the present case total amount of recovery made from the accused persons i.e., 250 kgs of charas was sent for chemical examination---Such huge quantity of charas could not be foisted easily on anyone without any enmity or ill-will---Even if there might be enmity or ill-will against a person even then a low quantity of the narcotic substance was sufficient to book a person in the case to teach him a lesson or otherwise---Entire 250 kgs charas was sent for chemical examination and the result of the test was positive---Chemical report had not even been challenged by the defence at the trial---Report reflected that the property was received at the laboratory by the hand of Police Constable and it was seven sealed white gatto (nylon bag) parcels each with one seal---Seals were perfect and as per copy sent---Weight of the parcels was mentioned in the report---Even there was no difference in the weight as stated by the prosecution witness in their evidence and the weight reflected in the Chemical Examiner's report---By the flux of time in the case of transportation or possession of narcotics, technicalities of procedural nature or otherwise should be overlooked in the larger interest of the country---If the case stood otherwise proved, the approach of the Court should be dynamic and pragmatic in approaching facts of the case and drawing correct and rational inferences and conclusions while deciding cases of present type---No drug peddler could be acquitted in the narcotics case on technicalities---Circumstances established that the prosecution had proved its case against the accused persons beyond shadow of doubt---Appeal against conviction was dismissed accordingly.

MUHAMMAD UMAIR alias KABO vs State S — 2023 MLD 2098 KARACHI-HIGH-COURT-SINDH

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