Zahir Shah vs State S — 2024 MLD 813 KARACHI-HIGH-COURT-SINDH

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Zahir Shah VS State S.9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Prosecution case was that 16 packets of charas weighing 20 kilograms and 500 grams were recovered from the bag lying in the lap of one accused, 11 packets of charas weighing 14 kilograms and 100 grams were recovered from the bag lying in the lap of other accused, whereas 10 packets of charas weighing 12 kilograms and 500 grams were recovered from the bag of another accused---As per the memo of arrest and the recovery total 04 mobile phones were recovered from all the three accused persons---Complainant deposed that 05 mobile phones were recovered from the accused persons---Recovery witness deposed about 04 mobile phones, however Investigating Officer stated that he received 03 mobile phones which were recovered from the accused persons---Complainant stated that he himself kept the case property in koth of Police Station, however, recovery witness stated that one ASI handed over the case property in the Police Station and the same was kept in the room of Duty Officer---Complainant stated that he himself took away the accused persons inside the Police Station and locked them up and kept the case property in koth, however, recovery witness stated that all Police Officials kept the accused in the police lockup and he took one bag from police mobile and kept the same in the room of the Duty Officer---Prosecution case was that the contraband charas was sealed in three bags separately---Recovery witness had not stated a single word that as to whether the other two bags were brought at the Police Station or not---Said contradictions indicated that the complainant and mashir were not the true eye-witnesses of the incident and no such incident of the arrest of the accused and recovery of charas from the possession of accused persons had occurred as alleged by the prosecution---Thus, the prosecution failed to prove its case against the accused persons beyond a shadow of reasonable doubt and the recovery had not been satisfactorily proved---Appeal against conviction was allowed, in circumstances.

Zahir Shah vs State S — 2024 MLD 813 KARACHI-HIGH-COURT-SINDH

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