MUHAMMAD HANIF vs State S — 2023 YLR 2388 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 2388 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: MUHAMMAD HANIF 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

MUHAMMAD HANIF VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Non-association of private mashir from the area---Effect---Prosecution case was that 27 kilograms charas was recovered from the vehicle driven by accused---Record showed that complainant raided the alleged place of occurrence on a spy information, but he failed to associate any respectable mushir from the area---Alleged place of occurrence was thickly populated area and situated on main road---Record further revealed that at the time of alleged recovery there were many passersby, but no one was made a mushir---Only explanation given by the prosecution was that no one was ready to be associated as a mushir, which did not appear to be a convincing reason---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable shadow of doubt---Appeal against conviction was allowed accordingly.

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