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-production of relevant register maintained by Police---Effect---Prosecution case was that 27 kilograms charas was recovered from the vehicle driven by accused---Perusal of case file revealed that per recovery memo, the parcel of alleged contraband was prepared at the spot which as per the statement of Investigating Officer, he handed over the same to the Moharar, who accordingly made an inventory in Register No. 19, and kept the same in store room (malkhana), however, said Moharar support of his statement did not produce Register No. 19, which maintained the relevant entries with regard to receiving the parcel, registering the same in register and placing the parcel in malkhana and thereafter handing over the same to the Investigating Officer for its onward transmission to the Narcotic Testing Laboratory---Though the in-charge of Malkhana had categorically stated about the process, however, in order to prove the process, it would have been more helpful for the prosecution to have produced the Register No. 19 in support of their case, which was otherwise directory in nature and not mandatory---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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