Citation Name: 2023 YLR 966 PESHAWAR-HIGH-COURTBookmark this Case ASIF ULLAH vs State S

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Citation Name: 2023 YLR 966 PESHAWAR-HIGH-COURTBookmark this Case ASIF ULLAH VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Prosecution case was that 17335 grams of charas in 15 packets was recovered from the petrol tank of the vehicle driven by the accused---No material on the case file to show as to how the fuel tank was opened and how slabs of the narcotics were taken out of it---Neck of the petrol tank had a radious of up to 02 inch whereas slabs of charas normally were in rectangles shapes which neither could be pushed in same form into a fuel tank nor could be taken out of it unless were broken or the fuel tank was dismantled which was not in the present case as there was no evidence to that effect---Circumstances established that the prosecution failed to prove its charge against the accused through worth reliable evidence---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 966 PESHAWAR-HIGH-COURTBookmark this Case ASIF ULLAH VS State S. 9(c)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Withholding material evidence---Scope---Prosecution case was that 17335 grams of charas in 15 packets was recovered from the petrol tank of the vehicle driven by the accused---Damaging aspect of the case for the prosecution was that the official who had taken the 15 representative samples to the Forensic Science Laboratory from the malkhana had not been produced by the prosecution---Though Moharrar of the police station stated in his cross-examination that the representative samples were handed over to Police Constable for taking them to Forensic Science Laboratory but as Police Constable did appear before the court, thus, mere mentioning name of the carrier would not absolve the prosecution from establishing that from the police malkhana to Forensic Science Laboratory no one had interfered with the samples---Safe transmission of the samples to Forensic Science Laboratory had not been proved---Besides, no application on behalf of the complainant or the Investigation Officer for seeking opinion of the Forensic Science Laboratory whether the representative samples were charas or otherwise was available on the case file---Said fact was admitted before the Trial Court by the Seizing Officer---Circumstances established that the prosecution failed to prove its charge against the accused through worth reliable evidence---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 966 PESHAWAR-HIGH-COURTBookmark this Case ASIF ULLAH VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Contradictions in the statement of witnesses---Scope---Prosecution case was that 17335 grams of charas in 15 packets was recovered from the petrol tank of the vehicle driven by the accused---Record showed that there were glaring contradictions in the evidence of the witnesses---Investigating Officer had stated that a Constable had searched the vehicle whereas complainant of the case said that he himself and none else had searched the vehicle---Investigating Officer said that inside the petrol tank of the vehicle there were three cavities whereas the complainant said that there was only one cavity in the tank---Circumstances established that the prosecution failed to prove its charge against the accused through worth reliable evidence---Appeal against conviction was allowed in circumstances.

Citation Name: 2023 YLR 966 PESHAWAR-HIGH-COURTBookmark this Case ASIF ULLAH vs State S — 2023 YLR 966 PESHAWAR-HIGH-COURT

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