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

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Sultan bahaduR Yousfzai VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Discrepancies in evidence---Prosecution case was that 57 kilograms charas was recovered from the vehicle driven by the accused---Record showed that the remaining property, apart from samples sent to laboratory for analysis, was not deposited in the Court at the time of submission of the Challan as required---On the day of deposition of witnesses it was purportedly brought from the Malkhana of relevant police station and produced in the Court but without any document subscribing to such fact---Therefore, nothing, with a certainty, could be said about its genuineness or the fact that in the meantime it was not manipulated or arranged---First Information Report reflected that the Charas in each packet was found with letters JAMEELAN' printed in Urdu over it---At the time of evidence the letters 'GEELAN' were found written over the Charas---Such anomalies went to the roots of the case making it suspicious---Fact that both the accused arrested at the spot were father and son could not be lost sight of---Father was found on the wheel, hence he was assumed to be the driver and his son sitting next to him was presumed to be the cleaner---Trial Court considering the accused as the driver held him responsible for keeping the Charas in the spare tyre and let the son go off the hook treating him as totally ignorant of presence of the Charas, which approach was fundamentally defective largely predicated on skewed reasoning---How it could be assumed that only father knew of the Charas and kept it secret from son, although he was with him right from beginning of their journey---Then, if at the given time, the father was found driving the truck, would it imply that all the way he had been doing it at a stretch and the son did not allow him a break at any time and drove the truck---Furthermore, being the cleaner and son at the same time it was not hard to extrapolate that he must have helped his father in taking care of the truck in all respects including preparing it for a long sortie---Appeal against conviction was allowed, in circumstances.

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

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