Citation Name: 2023 YLR 289 PESHAWAR-HIGH-COURTBookmark this Case ADNAN GUL vs State S

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Citation Name: 2023 YLR 289 PESHAWAR-HIGH-COURTBookmark this Case ADNAN GUL VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Non-submission of Forensic Science Laboratory Report---Effect---Prosecution case was that twenty kilograms heroin was recovered from the secret cavities of the vehicle of accused persons---Perusal of the record would show that in the case in the present case the prosecution had not produced original Forensic Science Laboratory Report whereunder the representative samples, separated from the recovered stuff, had been found to be of heroin---Original Forensic Science Laboratory Report was statedly misplaced and as such its duplicate was produced in evidence---Record showed that there was no such material which could show that the duplicate copy of the Forensic Science Laboratory Report was produced by the Officials of the concerned Laboratory and likewise the duplicate copy so produced before the court had also not been signed/attested by the Chemical Examiner or the Chemical Expert nor by the Director of the Laboratory--- No application was available on the case file moved by the prosecution seeking permission to produce secondary evidence regarding the misplaced original Forensic Science Laboratory Report---Production of duplicate of the original Forensic Science Laboratory Report could not be considered as secondary evidence and same on no count could be relied upon for recording conviction of the accused---None from the Forensic Science Laboratory had appeared before the Trial Court verifying genuineness of the duplicate so produced before it---Circumstances established that the prosecution had not proved its case through cogent and reliable evidence---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 289 PESHAWAR-HIGH-COURTBookmark this Case ADNAN GUL VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Recovery was not effected from the spot---Effect---Prosecution case was that twenty kilograms heroine was recovered from the secret cavities of the vehicle of the accused persons---Record showed that the recovery was effected near Motorway Interchange wherefrom the Anti Narcotics Force Officials brought the vehicle along with the accused persons to Peshawar and in the Police Station of Anti Narcotics Force at Peshawar the report was lodged and the recovery was effected from the vehicle---Scribing murasila was not sent at the place of recovered had put the prosecution case under heavy doubts as to its accuracy as contained in the FIR---Though for not conducting the legal proceedings on the spot and for bringing the vehicle along with the contraband and the accused to Police Station Anti- Narcotics Force, Peshawar, the complainant had given security reasons for the same but said reason was of no help to the prosecution as the complainant had received information in advance at Peshawar regarding the smuggling of contraband to Karachi from Peshawar---Complainant had sufficient time to take proper security measures which he did not do---According to the FIR, there were about more than dozen of Anti-Narcotics Force Officials with the complainant and as such in view of that heavy contingent of Anti Narcotics Force Officials there should not have been any imminent danger or any issue of law and order situation for the complainant to act on the spot---In addition to the above, the complainant could have asked for help from police of the nearby Police Station which too he did not do---Circumstances established that the prosecution had not proved its case through cogent ad reliable evidence---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 289 PESHAWAR-HIGH-COURTBookmark this Case ADNAN GUL VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Quantity of witnesses---Scope---Prosecution case was that twenty kilograms heroin was recovered from the secret cavities of the vehicle of the accused persons---Record showed that out of the 13 Anti Narcotics Force Officials, who were with the complainant on the spot, only two had been cited and produced in support of the prosecution case as its witnesses---Though the prosecution was not bound to produce all those Officials who participated in some operation as its witnesses but when in a case maximum punishment provided was of death or imprisonment for life then in that case production of maximum number of witnesses available on the scene were to be produced for their evidence so that case against the accused could be proved beyond any reasonable doubt---Circumstances established that the prosecution had not proved its case through cogent and reliable evidence---Appeal against conviction was allowed, in circumstances.

Citation Name: 2023 YLR 289 PESHAWAR-HIGH-COURTBookmark this Case ADNAN GUL vs State S — 2023 YLR 289 PESHAWAR-HIGH-COURT

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