SHAHZAD KHAN vs State Ss — 2023 PCrLJ 1250 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 1250 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: SHAHZAD KHAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 161---T; S. 29; Criminal Procedure Code (V of 1898); 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

SHAHZAD KHAN VS State Ss. 9(c) & 29---Criminal Procedure Code (V of 1898), S. 161---Transportation of narcotics---Appreciation of evidence---Benefit of doubt---Contradictory statements---Safe custody---Delay in recording statement---Withholding best evidence---Scope---Accused persons were alleged to have been apprehended while transporting 170 kilograms of charas---Investigating Officer had neither visited the place of recovery nor prepared sealed parcels---Statement of the In-charge of Malkhana was recorded with an unexplained delay of 21 days---Prosecution had miserably failed to establish the safe custody of the recovered charas---Murasila/Fard-e-Bayan had not attributed the role of driving of the car to any one of the accused---Since the role of driving was not attributed to any person, the question of conscious possession of the recovered charas within the meaning of S. 29 of the Control of Narcotic Substances Act, 1997 did not arise at all---Prosecution had also failed to inquire about the ownership of the car from which the charas was allegedly recovered---Chemical Examiner's report mentioned the recovered substance as "Hashish Garda," which is a raw form of cannabis resin and could not be used as a narcotic drug, whereas baked charas was used for smoking---Assistant Commissioner allegedly present during the recovery process was not cited as a witness---Prosecution had conducted the entire investigation in an unprofessional manner and had failed to substantiate the accusation against the accused to connect them with the commission of the alleged offence---Appeal was allowed, in circumstances.

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