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Citation Name: 2023 YLR 1338 PESHAWAR-HIGH-COURTBookmark this Case State vs INAYATUR REHMAN S — 2023 YLR 1338 PESHAWAR-HIGH-COURT

Case information

Citation
2023 YLR 1338 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2023
Reporter
YLR
Parties
Citation Name: 2023 YLR 1338 PESHAWAR-HIGH-COURTBookmark this Case State vs INAYATUR REHMAN S
Subject matter
Criminal
Provisions referred to
S. 9; S. 417---R; Criminal Procedure Code (V of 1898)

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

Citation Name: 2023 YLR 1338 PESHAWAR-HIGH-COURTBookmark this Case State VS INAYATUR REHMAN S. 9 (c)---Criminal Procedure Code (V of 1898), S. 417---Recovery of narcotic substance---Appeal against acquittal---Recovery, proof of---Unexplained delay in sending parcels---Accused was alleged to have been arrested on the spot and from his possession Chars weighing 6 kilograms and opium weighing 4 kilograms were recovered---Trial Court acquitted accused of the charge--- Validity--- Neither quantity of each packet was according to the reported quantity, nor opium was proved to be narcotic substance---No sample was separated from Chars as all alleged packets were intact---Strong presumption existed that fake and fabricated case was foisted against accused---Forensic Science Laboratory authorities received sample after an unexplained delay of five days---Name of police official who took the sample parcels to Forensic Science Laboratory was not mentioned, and no receipt was issued regarding receiving of sample parcels---Signature of Chemical Examiner was missing from the report, which had given the impression of a dubious report and rendered the same totally unreliable---High Court declined to interfere in the judgment of acquittal as Trial Court had correctly appreciated record and rightly discarded prosecution story and acquitted the accused---Appeal was dismissed, in circumstances.

Other judgments reported in 2023 YLR

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