AYAZ HUSSAIN vs State S — 2023 YLR 242 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 242 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: AYAZ HUSSAIN 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

AYAZ HUSSAIN VS State S. 9(c)---Possession of Narcotics---Appreciation of evidence---Benefit of doubt---Prosecution case was that 4000 grams charas was recovered from the plastic bag of the accused---Record showed that on spy information the accused was arrested from a populated area and the complainant had sufficient time either to take any private mashir from the place where he received spy information or at the place where he arrested the accused and recovered charas from his possession to witness the recovery proceedings but it was not done by him for the reasons best known to him and only the police officials who were subordinates to him were made as mashirs of arrest and recovery proceedings---No customer of purchasing the alleged charas was found at the place of incident---If police could have waited tactfully, some customers might have appeared on the scene, that would have brought some acceptability to police story---Circumstances established that prosecution had failed to prove its case against the accused---Appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court, in circumstances.

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