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ZAHID KHAN vs State S — 2023 PCrLJN 77 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 77 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
ZAHID KHAN vs State S
Subject matter
Criminal
Provisions referred to
S. 9; S. 161

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

ZAHID KHAN VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Prosecution case was that 46.150 kilograms of heroin powder in two katas and 134 heroin capsules from onions recovered from the premises of accused---Record showed that the FIR was registered with promptitude giving no time for concoction keeping in view that as per the prosecution evidence it took about eight to nine hours to count the large amount of capsules and weigh the onions---Statements under S. 161, Cr.P.C., were recorded promptly which not significantly improved upon by any witness----Arrest and recovery was made on the spot in a flat on the pointation of a spy informer and the accused were caught red handed with the narcotics by the police/ANF whose evidence fully corroborated each other in all material respects---Admittedly police/ANF witnesses had no enmity with the accused---No major contradictions in the evidence of the witnesses was found---Recovered narcotics were kept in safe custody at the Malkana and were sent for chemical analysis without any delay and report was positive and complied with all relevant legal requirements---Such a large amount of heroin could not be foisted on the accused---Circumstances established that the prosecution had proved its case against accused beyond a reasonable doubt---Appeal against conviction was dismissed, in circumstances.

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