Khan Zada vs State S — 2024 MLD 1645 PESHAWAR-HIGH-COURT

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Khan Zada VS State S. 9(d)---Transportation of narcotic substances---Appreciation of evidence---Recovery of narcotic substances established---Prosecution case was that 2000-grams heroin and 2523-grams charas in packets were recovered from the possession of the accused persons---Perusal of record reflected that the Seizing Officer and one of the marginal witnesses of recovery memo. furnished evidence of the recovery---Seizing Officer separated 10-grams from the heroin and 10-grams each from the packets of charas as representative samples for the purpose of chemical analysis---Seizing Officer put the samples and the remaining stuff of both the narcotic substances in seven parcels and sealed each of them with monogram---Seizing Officer recorded the report of the incident in the shape of Murasila, prepared memo. of the recovery proceedings in the presence of Police Constable and Head Moherror---Seizing Officer sent the Murasila and the parcels containing the case property to the Police Station through Head Moharrer, where it was converted into FIR---Both the witnesses were subjected to considerable cross-examination but they remained steadfast in confirming the date, time and place of the incident; the mode and manner of the recovery; and the kind and quantum of the narcotic substances---Said witnesses fully confirmed that the incident took place on 28.07.2022 at 17:20 hours, reported the same day at 18:50 hoursand they also substantiated that the recovery of heroin was made from one accused and charas from the other accused---Recovery witness supported the recovery by confirming that it was carried out in his presence and that he put his signature on the memos as one of its marginal witnesses---Fact that both the accused persons were apprehended from the pointed place and recoveries were made from their personal possession, was fully proved---Appeal against conviction was dismissed, in circumstances.

Khan Zada vs State S — 2024 MLD 1645 PESHAWAR-HIGH-COURT

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