AITBAR ALI alias BABLU vs State S — 2023 PLD 367 KARACHI-HIGH-COURT-SINDH

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AITBAR ALI alias BABLU VS State S. 9(c)---Constitution of Pakistan, Art. 10-A---Possession of narcotic substances---Right of accused to have the recovered narcotics reweighed---Fair trial---Scope---Application was filed by the petitioner/accused, during the trial, to re-weigh the Charas allegedly recovered from him---Trial Court dismissed said application on the basis that the accused had denied the prosecution case and not owned/admitted the case-property---Validity---Accused had a right to a fair trial under Article 10-A of the Constitution; it was his right to move application for re-sending the case-property to the Chemical Examiner for re-examination---When an accused questioned weight of the very narcotic substance showed by the prosecution to have been recovered from him, the Court would be bound to resolve the same before proceeding further in the case---It was not necessary for the accused to admit the property first to gain a right of requesting for re-weighing etc.---Petitioner /accused was essentially challenging the prosecution case over weight of recovered Charas which needed to be resolved for fair dispensation of justice---Trial Court, in the present case, had erred in not appreciating the said aspect of the case---Accused who either had questioned validity of chemical report or weight of the alleged recovered narcotic substance would not be asked first to admit the prosecution case or own the property because if said logic was accepted, there would be no reason/need to either send the property for re-examination or re-weighing/re-measurement---High Court set-aside the impugned order being not sustainable in law and allowed the application of the petitioner/accused directing the Trial Court to re-weigh the Charas allegedly recovered from the accused in the presence of all the parties concerned---Criminal revision was allowed, in circumstances.

AITBAR ALI alias BABLU vs State S — 2023 PLD 367 KARACHI-HIGH-COURT-SINDH

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