HANEEF vs State S — 2023 YLR 448 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 448 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: HANEEF 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

HANEEF VS State S. 9(c)---Possession of ten kgs of charas--- Appreciation of evidence---Benefit of doubt---Prosecution case was that ten kilograms of charas was recovered from the possession of the accused---Record showed that on spy information, accused was arrested at Railway Crossing---No private person at Railway Crossing was associated as a mashir in the case to witness recovery proceedings---Complainant had deposed that he had prepared the mashirnama of arrest and recovery on torch light---Said light was not produced before the Trial Court---Case property was kept in Malkhana, till it was dispatched to the chemical laboratory---Neither the Head Mohrer of Malkhana hadbeen examined nor such entry had been produced before the Trial Court to establish the safe custody of charas at Malkhana---Police Constable who had transmitted charas to the Chemical Examiner had also not been examined by the prosecution---Non-examination of such material witness would cause dent to the prosecution case---Said circumstances had created a reasonable doubt in the prosecution case---Appeal against conviction was allowed and accused was acquitted by setting aside conviction and sentences recorded by the Trial Court.

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