Citation Name: 2023 YLR 1399 PESHAWAR-HIGH-COURTBookmark this Case ZABIT KHAN vs State Benefit of doubt

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Citation Name: 2023 YLR 1399 PESHAWAR-HIGH-COURTBookmark this Case ZABIT KHAN VS State Benefit of doubt---Principle---If a single doubt arising, the benefit of which must be extended to the accused. Citation Name: 2023 YLR 1399 PESHAWAR-HIGH-COURTBookmark this Case ZABIT KHAN VS State S. 9---Possession of narcotics---Quantity of contraband---Scope---Law mandated that Courts were to be conscious of not the quantity of contraband, but the quality of evidence produced in the Court for reaching a correct conclusion and just decision of the case. Citation Name: 2023 YLR 1399 PESHAWAR-HIGH-COURTBookmark this Case ZABIT KHAN VS State S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.6---Possession of narcotics ---Appreciation of evidence---Prosecution case was that 17 packets of charas garda each packet weighing 1200 grams and one packet opium weighing 1200 grams were recovered from the CNG Tank installed in Digi of the car, driven by the accused---Forensic Science Laboratory Report upon its perusal did not signify the test protocols that were applied to carry out the test; therefore, the mandatory requirement of law provided by R. 6 had not been complied with in its letter and spirit---Non-compliance of the said Rule would render the report inconclusive, suspicious and non-trustworthy and the same could not be relied upon qua maintaining the conviction and sentences of the accused in the circumstances, as it lacked evidentiary value--- Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed accordingly. Citation Name: 2023 YLR 1399 PESHAWAR-HIGH-COURTBookmark this Case ZABIT KHAN VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Prosecution case was that 17 packets of charas garda each packet weighing 1200 grams and one packet opium weighing 1200 grams were recovered from the CNG Tank installed in Digi of the car, driven by the accused---Record showed that the parcel of opium was found consisted of several pieces---Parcel No.1 containing charas garda was found in the shape of pieces, parcel No.2 was full slab, parcel No.3 in shape of different separate pieces, parcel No.4 was in the round shape and the remaining parcels were also found in full slab and pieces---Investigating Officer of the case in cross-examination stated that samples parcels were handed over to Muharrir by him on the same day, when he returned from the spot, but the Head Constable deposed that he was posted as Moharrir at Police Station, Constable produced the murasila to him in the Police Station, the contents of which he incorporated in FIR---Later on, the SHO handed over to him the case property consisting of parcel No.19 containing 20315 grams charas and parcel No.20 containing 1195 grams opium in sealed condition, however, he did not utter a single word regarding the parcels of samples to have been produced by Investigating Officer---Muharrir of the Police Station during the days of occurrence had not stated a single word regarding sending of samples to the Forensic Science Laboratory---However, perusal of Forensic Science Laboratory Report revealed that the samples of contraband were delivered in the laboratory by Foot Constable, but, it was strange to note the said constable had not been examined by the prosecution---Prosecution had failed to prove shifting of samples to the Police Station and from there to the Forensic Science Laboratory, especially when copy of the application for sending samples to the Forensic Science Laboratory was not available on case file---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed accordingly.

Citation Name: 2023 YLR 1399 PESHAWAR-HIGH-COURTBookmark this Case ZABIT KHAN vs State Benefit of doubt — 2023 YLR 1399 PESHAWAR-HIGH-COURT

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