Citation Name: 2023 MLD 924 PESHAWAR-HIGH-COURTBookmark this Case HARIS vs State Ss

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Citation Name: 2023 MLD 924 PESHAWAR-HIGH-COURTBookmark this Case HARIS VS State Ss. 9(d) & 11(b)---Possession and transportation of narcotics---Appreciation of evidence---Sentence, reduction in---Chain of safe custody---Scope---Prosecution case was that 1010 grams of charas and 755 grams of Ice was recovered from the possession of the accused---Prosecution had also proved the chain of circumstances with regard to sending samples from the spot to the Forensic Science Laboratory through cogent evidence---Moharrir deposed that Constable handed over to him Murasila and the accused along with case property for safe custody and onward transmission of the samples to the Forensic Science Laboratory---Said witness made entry in Register No. 19---Moharrir handed over the samples to Constable along with Rahdari receipt for its onward transmission to the Forensic Science Laboratory---Foot Constable deposed that Moharrir of the Police Station handed over to him parcels Nos. 1 and 2 containing samples of charas and Ice, respectively, along with receipt of Rahdari for its onward transmission to the Forensic Science Laboratory---Said witness took the samples to the Forensic Science Laboratory and returned receipt which was placed on the samples had been received in the Laboratory with promptitude---Positive Forensic Science Laboratory report qua samples containing protocols of test applied further supplemented the testimony of the Seizing Officer---Accused did not opt to appear in the witness box as his own witness or to produce defence evidence to rebut the prosecution evidence---Record showed that Court had arrived at a conclusion that the prosecution had proved its case against the accused through cogent and confidence inspiring evidence---Circumstances established that the prosecution had proved its case against the accused, however, conviction of the accused under S. 11(a) was converted to 9(b) of the Act and his sentence was modified from ten years rigorous imprisonment to fifteen months rigorous imprisonment---Appeal was dismissed with said modification in sentence. Citation Name: 2023 MLD 924 PESHAWAR-HIGH-COURTBookmark this Case HARIS VS State Ss. 9(d) & 11(b)---Possession and transportation of narcotics---Appreciation of evidence---Sentence, reduction in---Prosecution case was that 1010 grams of charas and 755 grams of Ice was recovered from the possession of the accused---Forensic Science Laboratory Report showed that the samples were found as charas and Amphetamine---Accused had already served the sentence for the recovery of 1010 grams of charas, whereas, for recovery of 755 grams of amphetamine, his case fell within the ambit of S. 9(b) of the Act---Conviction of the accused under S. 11(a) was converted to 9(b) of the Act and his sentence was modified from ten years rigorous imprisonment to fifteen months rigorous imprisonment---Appeal was dismissed with said modification in sentence. Citation Name: 2023 MLD 924 PESHAWAR-HIGH-COURTBookmark this Case HARIS VS State Ss. 9(d) & 11(b)---Possession and transportation of narcotics---Appreciation of evidence---Sentence, reduction in---Prosecution case was that 1010 grams of charas and 755 grams Ice was recovered from the possession of the accused---Complainant and recovery witness had furnished ocular account of the occurrence---Complainant reiterated same story of the arrest of accused and recovery of narcotics from his possession, as set forth by him in the FIR---Recovery witness deposed that in his presence, complainant apprehended the accused and from polythene bag in his possession, recovered 1010 grams of charas and 755 grams of Ice---After separating samples, the complainant took the remaining quantity into possession through recovery memo in his presence, which bore his signature as its marginal witness---Both the said prosecution's witnesses had been subjected to lengthy and taxing cross-examination but nothing beneficial to defence could be extracted from their mouths---Said witnesses remained stuck to their stance and corroborated each other on all material aspects of the occurrence such as the day, date, time and place of occurrence and the mode and manner of arrest of the accused and recovery of narcotics from his possession---Recovered contraband narcotics had been produced before the Trial Court in the statement of recovery witness---Nothing in black and white was available on file to show any ill will or enmity of the witnesses with the accused so as to suggest his false implication---Circumstances established that the prosecution had proved its case against the accused, however, conviction of the accused under S. 11(a) was converted to 9(b) of the Act and his sentence was modified from ten years rigorous imprisonment to fifteen months rigorous imprisonment---Appeal was dismissed with said modification in sentence.

Citation Name: 2023 MLD 924 PESHAWAR-HIGH-COURTBookmark this Case HARIS vs State Ss — 2023 MLD 924 PESHAWAR-HIGH-COURT

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