SHABBIR ALI vs State S — 2023 YLR 411 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 411 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: SHABBIR ALI vs State S
Subject matter: Criminal
Provisions referred to: S. 489-B---U; S. 489-B

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

SHABBIR ALI VS State S. 489-B---Using as genuine forged or counterfeit currency-notes or bank-notes---Appreciation of evidence---Benefit of doubt---Failure to conduct recovery proceedings on spot---Scope---Accused was convicted under S. 489-B, P.P.C., for using counterfeit currency notes as genuine---No recovery proceedings were carried out at the spot rather the accused was taken to the police station and thereafter police had conducted his personal search---No explanation was available on record as to why the recovery proceedings were not carried out at the spot and as to why his personal search was not conducted at the spot, which otherwise in such like cases was necessary---Recovered currency notes were not exhibited by the prosecution---Entire evidence produced by the prosecution appeared to be untrustworthy---Investigating Officer had conducted a poor investigation---Case of prosecution was doubtful, but unjustifiably the benefit of such doubts was not extended in favour of the accused---Impugned judgment was set aside and the accused was acquitted of the charge---Appeal was accepted.

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