ANWAR ALI vs State S — 2023 MLD 535 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 535 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: ANWAR ALI 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

ANWAR ALI VS State S. 9(c)--- Recovery of narcotic substance---Proof---Benefit of doubt---Applicability---Charas weighing 1500 grams in total was recovered from accused who was convicted by Trial Court and sentenced to imprisonment for three years---Validity---Safe custody of Charas after its recovery was not established by cogent and confidence inspiring evidence---Departure entry was produced in evidence but there was also overwriting in that entry without explanation---No evidence was on record to the effect that sample was taken from each slab of Charas recovered from possession of accused, so also from cavity of Motorcycle for chemical analysis---Such was also not clear that how many grams were taken from each piece of Charas---Mere word of official was not sufficient to hold accused guilty of an offence without independent corroboration, which was lacking---Not necessary that there should be many circumstances creating doubts---If there was a single circumstance, which had created reasonable doubt in a prudent mind about guilt of accused, then accused was entitled to the benefit not as a matter of grace and concession but as a matter of right---High Court extended benefit of doubt to accused, set aside conviction awarded to him as prosecution failed to prove its case against him beyond reasonable shadow of doubt and was acquitted of the charge---Appeal was allowed in circumstances.

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