MUHAMMAD URIS vs State S — 2023 YLRN 22 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD URIS VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Allegedly, 1010 grams of charas was recovered from the possession of accused---Record showed that there were discrepancies and flaws in the evidence of complainant and mashir of arrest and recovery---Complainant in his cross-examination had admitted that he had not mentioned the description of accused in the memo. of arrest and recovery as well as in the FIR---Complainant further admitted that the charas lying in court was one slab and not in pieces---Investigating Officer of the case had also admitted in his cross-examination by saying that he had not recorded statement under S.161, Cr.P.C. of Incharge of Malkhana---Overwriting was not noticed in the letter submitted by SHO to the Chemical Examiner---Said letter further showed that one white cloth shopper having three seals whereas the report of Chemical Examiner on physical examination showed 01 sealed cloth parcel containing black plastic shopper---No customer was found over there for the purpose of selling or purchasing the charas---Accused had also taken plea in his statement recorded under S.342, Cr.P.C., that on the day of incident he was present in village along with some other person and in his defence he had also examined said person to support his version---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal was allowed and accused was acquitted by setting aside conviction and sentences recorded by the Trial Court.

MUHAMMAD URIS vs State S — 2023 YLRN 22 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported