HIMAT GUL PATHAN vs State S — 2023 YLR 1639 KARACHI-HIGH-COURT-SINDH

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HIMAT GUL PATHAN VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Huge quantity of narcotics was recovered---Scope---120 kilograms of charas was allegedly recovered from the trailer of accused persons---Plea was not taken nor was there any hint that the accused persons had made any claim of enmity against the police---Perusal of the statements of the accused persons recorded under S. 342, Cr.P.C., revealed that bald statements had been made by the accused persons to the effect that they were innocent and that nothing was recovered from them and that charas had been foisted upon them---However, accused persons had not stated anything in their statement with regard to the factum as to how that huge quantity of the charas was put in the trailer---As per the deposition of the complainant and the eye-witness, the contraband was recovered from secret cavities found in the truck trailer---Sole purpose of the movement of the trailer was to transport the contraband in its hidden/secret cavities---Perusal of the cross-examination of the prosecution witnesses revealed that no question was asked about the presence of secret/ hidden cavities in the trailer---Perusal of cross-examination of the witnesses further revealed that a suggestion was put to them that the accused persons were involved in the case due to non-payment of illegal gratification---Plea would have been considered if the recovery of contraband was not in such a huge quantity which, could not possibly be foisted by police on any person just to ask for illegal gratification---Besides, the samples of charas so recovered from them were sent to Chemical Examiner and the report of chemical examiner came in positive---Circumstances established that the prosecution had proved its case beyond any shadow of doubt---Appeal was dismissed accordingly. Citation Name: 2023 YLR 1639 KARACHI-HIGH-COURT-SINDHBookmark this Case HIMAT GUL PATHAN VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Safe custody and transmission of samples of the narcotic from the police to the Chemical Examiner---Scope---120 kilograms of charas was allegedly recovered from the trailer of accused persons---No delay in sending the samples to the Chemical Examiner, as the incident occurred at about 7.20 a.m., while the samples were sent to Chemical Examiner on the same day---No question arose of any doubt about safe transmission of the samples of the recovered substance to the office of the Chemical Examiner---Circumstances established that the prosecution had proved its case beyond any shadow of doubt---Appeal was dismissed accordingly. Citation Name: 2023 YLR 1639 KARACHI-HIGH-COURT-SINDHBookmark this Case HIMAT GUL PATHAN VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Contradictions in the statements of witnesses---Scope---120 kilograms of charas was allegedly recovered from the trailer of accused persons---Allegedly, there were contradictions in the evidence of two witnesses, in which, one stated that the contraband was weighed through computerized scale and the other said that the contraband was weighed through manual scale---Said contradiction was very minor and immaterial, as the recovery of the contraband had not been denied---Recovery in the case was very huge and it could not be imagined that somebody would foist such huge quantity of charas on somebody just to incarcerate a stranger without any enmity with him/them---Accused did not claim that they had any enmity with the complainant or any of the constables---Minor discrepancies in the evidence of raiding party did not shake their trust-worthiness---Circumstances established that the prosecution had proved its case beyond any shadow of doubt---Appeal was dismissed accordingly.

HIMAT GUL PATHAN vs State S — 2023 YLR 1639 KARACHI-HIGH-COURT-SINDH

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