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Sultan bahaduR Yousfzai vs State S — 2024 MLD 1134 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 1134 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
Sultan bahaduR Yousfzai 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

Sultan bahaduR Yousfzai VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Defective investigation---Prosecution case was that 57 kilograms charas was recovered from the vehicle driven by the accused---Complainant in his evidence had claimed that he had prepared the memo (of recovery and arrest) in presence of the Mashirs and obtained their signature thereon---Mashir in his evidence had added Excise Constable in the episode and had named him as the author of memo---Documents retrieved from the vehicle showed that its owner was one Mr. PA, and not the accused, yet nothing was done to investigate such person and ascertain his role in the case---Complainant in his evidence had admitted that he had not investigated the fact, nor he had any material in his possession to show that accused had prior knowledge of presence of concealed Charas in the spare tyre---Spare tyre was neither sealed at the spot being a curial piece of evidence supporting accusation, nor was it even produced in the Court at the time of evidence to reinforce such part of allegation---Complainant had claimed that endorsement i.e. crime number, serial numbers, identification marks on each sample was written by him with a blue marker pen---Yet, at the time of evidence such writing was found to have been made with a black marker pen, and further the witness had revealed that such endorsement on the samples and remaining property was made by Excise Constable---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 MLD

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