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GHULAM SHABBIR vs State S — 2023 YLR 153 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 YLR 153 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
YLR
Parties
GHULAM SHABBIR vs State S
Subject matter
Criminal
Provisions referred to
S. 9

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

GHULAM SHABBIR VS State S. 9(c)---Possession of narcotic---Appreciation of evidence---Discrepancies---Scope---Prosecution case was that ten kilograms of charas was recovered from the possession of the accused persons---Recovery of charas had been affected from accused while they were coming in a car but owner of the car had not been investigated in the case---As per FIR and the evidence of complainant party, the police party was on motorcycles during the patrolling then from where they got the weighing scale and weighed the case property---In mashirnama the description of property was also not given---Failure on the part of prosecution as the Investigating Officer failed to interrogate or investigate the owner of car---Record showed that complainant party belonging to (RFF), a special force meant for rescue the operation against terrorism hence the question with regard to their competency arose and since they were on motorcycles how it was possible that one accused made his escape good within their site and they even did not chase him---Police Constable was also on patrolling duty and on checking the vehicles but his name did not appear even in the challan sheet---All the said things made the case of prosecution doubtful---As per available record, accused had no previous criminal record---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2023 YLR

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