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MUKHTIAR ALI vs State S — 2023 PCrLJ 1662 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJ 1662 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
PCRLJ
Parties
MUKHTIAR 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

MUKHTIAR ALI VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Discrepancies and contradictions in the statement of witnesses---Effect---Prosecution case was that accused was found in possession of 1170 grams of charas---Record showed that number of contradictions between the evidence of prosecution witnesses were noticed which could not be easily brushed aside---Conduct of the police showed that investigation had been carried out in a casual and stereotype manner without making an effort to discover the actual facts/truth---Record transpired that the Malkhana entry did not have the signature of Malkhana Incharge---Moreover, there were also discrepancies and flaws in the evidence of complainant and mashir of arrest and recovery---Complainant in his cross-examination had admitted that recovery memo did not mention sizes and shapes of the chunks of charas allegedly recovered from the accused person---Said witness further admitted that recovery memo did not bear any inscription---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2023 PCRLJ

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