Citation Name: 2023 PCrLJ 1331 PESHAWAR-HIGH-COURTBookmark this Case IMTIAZ ALI KHAN vs State S

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Citation Name: 2023 PCrLJ 1331 PESHAWAR-HIGH-COURTBookmark this Case IMTIAZ ALI KHAN VS State S. 9(d)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Non-production of sample-bearer---Report of result of test or analysis---Scope---Accused was convicted for having been found in possession of 8000 grams of charas---Neither sample-bearer nor Moharrir of the concerned police station was examined by the prosecution during trial---Register No. XIX was also not produced during trial---Record was silent regarding the protocols of drawing of samples followed by its safe custody and its transmission to the Forensic Laboratory for analysis---Besides, there were material contradictions in the evidence so furnished which damaged the case of prosecution---Prosecution had failed to prove the case against the accused beyond shadow of doubt---Appeal was allowed and the accused was acquitted of the charge, in circumstances. Citation Name: 2023 PCrLJ 1331 PESHAWAR-HIGH-COURTBookmark this Case IMTIAZ ALI KHAN VS State Duty of prosecution---Scope---Prosecution is not only duty-bound but also obligated to substantiate its case beyond any reasonable doubt---Even if a single or slightest doubt arises from the evidence, it must be extended to the accused, not as a matter of grace but as a matter of right---Such doubt should be sufficient to discredit the prosecution's story. Citation Name: 2023 PCrLJ 1331 PESHAWAR-HIGH-COURTBookmark this Case IMTIAZ ALI KHAN VS State Benefit of doubt---Scope---There is no need for multiple doubts in the prosecution's case; instead, a single reasonable doubt arising from the prosecution's evidence that pricks the judicial mind is sufficient for the acquittal of the accused. Citation Name: 2023 PCrLJ 1331 PESHAWAR-HIGH-COURTBookmark this Case IMTIAZ ALI KHAN VS State Benefit of doubt---Scope---Every individual is presumed to be innocent, unless proved guilty---It is bounden duty of the prosecution to prove its case beyond any shadow of doubt and if any reasonable dent or doubt is found in prosecution case, the benefit of the same is to be extended to the accused, not as a matter of grace or concession but as a matter of right. Citation Name: 2023 PCrLJ 1331 PESHAWAR-HIGH-COURTBookmark this Case IMTIAZ ALI KHAN VS State Benefit of doubt---Scope---Cardinal principle of justice always emphasizes the quality of evidence, which must be of the highest standard and sufficient to dispel any apprehension of implicating innocent individuals along with the guilty ones---Otherwise, the golden principle of justice would come into play, providing that even a single reasonable doubt would be sufficient to acquit the accused, granting him the benefit of doubt---It is not necessary to have a bundle of doubts to extend the legal benefit to the accused. Citation Name: 2023 PCrLJ 1331 PESHAWAR-HIGH-COURTBookmark this Case IMTIAZ ALI KHAN VS State Benefit of doubt---Scope---Benefit of doubt, if any, favourable to the accused cannot be withheld in the exercise of discretion of the Court. Citation Name: 2023 PCrLJ 1331 PESHAWAR-HIGH-COURTBookmark this Case IMTIAZ ALI KHAN VS State S. 9---Possession of narcotics---Samples---Safe custody---Scope---Prosecution is under obligation to establish the safe custody of the samples strictly in accordance with law.

Citation Name: 2023 PCrLJ 1331 PESHAWAR-HIGH-COURTBookmark this Case IMTIAZ ALI KHAN vs State S — 2023 PCrLJ 1331 PESHAWAR-HIGH-COURT

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