Ali vs State S — 2024 MLD 1247 ISLAMABAD

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Ali VS State S. 9(c)---Possession of narcotic---Appreciation of evidence---Prosecution case was that six kilograms charas, 4.8 kilograms opium and 14 kilograms heroin were recovered from the possession of the accused persons while they were going on a car---Record showed that each accused made his and her own independent disclosure and got recovered the drugs under his and her possession and control---One of the accused persons got the drugs recovered from under his front seat, female accused from the travel bag under her possession and other accused from the car boot---There was nothing at all in the evidence to conclude that each of the passengers had control and possession of the drugs carried by his or her co-passengers their knowledge of their co-passengers caches notwithstanding---Joint and collective liability rests on joint and collective possession---As per the prosecution's own case each co-passenger made a distinct disclosure and got recovered only the drug caches that was in his or her possession---However, it would be remiss in attributing an implied statement or admission to the accused persons that each one of them had asserted some sort of possessory right and control over his or her co-passengers' drug caches---Prosecution's zeal to secure the maximum sentences must not let the Court be blinded to the fundamental burden of proof beyond reasonable doubt, which could not be replaced by a presumptive argument of each accused being assumed to be in equal possession and control of the other co-passengers' caches for an incantation of the doctrine of joint and collective liability---Appeal against conviction was dismissed, in circumstances.

Ali vs State S — 2024 MLD 1247 ISLAMABAD

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