ROSHAN ALI vs State S — 2023 PCrLJ 1007 KARACHI-HIGH-COURT-SINDH

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ROSHAN ALI VS State S. 9(c)--- Possession of narcotics--- Appreciation of evidence---Prosecution case was that seventy five kilograms of charas was recovered from the vehicle of the accused persons---Record showed that the FIR was registered with promptitude giving no time for concoction and the statements of the Police witnesses under S. 161, Cr.P.C. were recorded promptly which were not significantly improved upon by any witness at the time of evidence---Arrest and recovery was made on the spot and the accused were caught red handed with the narcotic by the police whose evidence fully corroborated each other in all material respects as well as the prosecution case---No major contradictions in the evidence of the witnesses was found---Most significantly the narcotic was recovered from the car which was being driven by accused, where the narcotics were on the back seat between two co-accused ladies and as such there was no doubt that all the accused had actual knowledge of the narcotic which was being transported---Car was recovered along with the narcotic---Facts of the case showed that it would be extremely difficult to foist such a large amount of charas---Circumstances established that the prosecution had proved its case beyond reasonable doubt---Appeals against conviction were dismissed, in circumstances---Co-accused/respondent was acquitted on the basis of her young age and immaturity having no choice but to get in the car and her lack of blood relationship with the other accused---Such findings were found to be utterly perverse, arbitrary and completely contrary to the evidence on record---Acquitted accused was 20 years of age at the time of the offence therefore, was certainly old and mature enough to be responsible for her actions---No evidence was on record to show that acquitted accused was forced to accompany the accused in the car and that simply because she was not a blood relative to the other accused did not exonerate her---By the same token/reasoning accused who was not related by blood to co-accused persons should also have been acquitted by the Trial Court---Acquitted accused was a neighbour of the accused and thus had a nexus and a reason to be in the car with them---Appeal against the acquittal of accused was allowed, in circumstance.

ROSHAN ALI vs State S — 2023 PCrLJ 1007 KARACHI-HIGH-COURT-SINDH

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