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MUHAMMAD NAEEM vs State Ss — 2023 PLD 118 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2023 PLD 118 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2023
Reporter
PLD
Parties
MUHAMMAD NAEEM vs State Ss
Subject matter
Criminal

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

MUHAMMAD NAEEM VS State Ss. 9 (c) & 25---Possession of narcotic substances---Appreciation of evidence---Sentence, reduction in---Record revealed that the prosecution, through adducing consistent evidence, had proved the recovery of 9 kgs Charas as well as safe custody and transmission from the place of occurrence to the Malkhana and onward transmission to the office of Federal Government Analyst Balochistan ('FGA') successfully, so unnecessary technicalities should not hamper the very purpose of law and the approach of the Court must be dynamic---Prosecution, however in the present case, had successfully established the recovery of 9 kgs 'garda' Charas lying in-between the legs of the appellant, but, 4 kgs of 'garda' charas allegedly recovered from the rear seat concealed therein was, admittedly, not recovered on his disclosure and pointation, thus same had not been proved against him as the driver of the vehicle had fled away, who (driver) was responsible for said 4 kgs charas having been concealed in the rear seat---High Court reduced the sentence of the convict/appellant from life imprisonment to ten years in view of peculiar circumstances of the present case---Appeal was disposed of accordingly.

Other judgments reported in 2023 PLD

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