NABI KHAN vs State S — 2023 PCrLJ 621 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 621 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: NABI KHAN 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

NABI KHAN VS State S. 9(c)---Transportation of narcotics---Appreciation of evidence---Contradictory statements---Non-production of sample-bearer---Effect---Accused was alleged to have been apprehended while transporting 22 kilograms of narcotics---Complainant had stated during cross-examination that no one from the levies station had come on the spot during recovery and making of parcels and that Tehsildar had come later at the place of recovery whereafter he along with other staff went to police station along with Tehsildar where Assistant Commissioner was already present---Tehsildar (Investigating Officer) contradicted the complainant and stated that after registration of the FIR, he rushed to the place of recovery, prepared site plan, parcels and he was the one who had extracted samples for chemical analysis---Recovery had not been proved beyond any reasonable doubt as the testimonies were highly doubtful, contradicting each witness on material points of search, recovery and making of parcels---Sample-bearer was also not produced before the Trial Court---Appeal was allowed and the accused was acquitted of the charge, in circumstances.

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