FAZUL vs State S — 2023 PCrLJ 711 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 711 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: FAZUL vs State S
Subject matter: Criminal
Provisions referred to: S. 9; 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

FAZUL VS State S. 9(c)---Transportation of narcotics---Appreciation of evidence---Benefit of doubt---Contradictory statements---Scope---Accused persons assailed their conviction under S. 9(c) of Control of Narcotic Substances Act, 1997---Complainant in his cross-examination stated that only some money was recovered from personal possession of the accused while a marginal witness stated that CNIC of accused was also recovered from personal search, in his presence---Contradiction was available in the statements of prosecution witnesses about receiving of information from a spy---Fard-e-bayan was sent through a constable for lodging the FIR but the prosecution did not produce him as a Court witness---One of the marginal witnesses had failed to identify the accused persons before the Trial Court, during his examination-in-chief---Vehicles used for transportation of narcotics were produced before the court but the engine numbers of both the vehicles were found different to those mentioned in the recovery memo---Record revealed that statement of accused was recorded by Investigating Officer 10 days prior to the alleged incident---Occurrence had not taken place in the mode and manner narrated in the FIR---No doubt, huge quantity of contraband was recovered but recovery of huge quantity was not the only criteria to convict the accused charged with trafficking of contraband unless the indictment was proved by the prosecution beyond reasonable doubt through confidence inspiring and worth reliable evidence---Appeal was allowed and the accused persons were acquitted of the charge, in circumstances.

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2023 PCrLJ 522 KARACHI-HIGH-COURT-SINDHDANISH VS State Ss. 354, 376(2), 337-J, 342 & 506(2)---prevention of electronicCrimes Ordinance (LXXII of 2007), S. 13(2)---Juvenile Justice…
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