Bangal Khan vs State S — 2024 PCrLJ 1241 ISLAMABAD

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Bangal Khan VS State S. 9(c)---Possession of narcotic---Appreciation of evidence---Conscious knowledge of accused about the availability of narcotics in the vehicle---Not proved---Prosecution case was that 1780 grams heroin powder was recovered from the vehicle driven by accused---Record showed that the Investigating Officer had not put any serious effort to demonstrate from the record in respect of the ownership of the vehicle nor it was the case of the prosecution that the accused owned the subject vehicle---In such scenario, it was the duty of the prosecution to demonstrate from the record firstly, that the accused knew about the existence of the cavity in the body of the vehicle, and if yes the same should have been demonstrated from some evidence---Secondly, the accused had the requisite knowledge about the availability of narcotic substance in such cavity of the vehicle, but entire evidence of Investigating Officer suggested that no evidence worth its nature had been brought on the record to establish that accused had conscious knowledge about the availability of the narcotic substance in the secret cavity of the relevant vehicle in which he was sitting---Investigating Officer had not put any serious effort to verify the registration number of the vehicle from the Excise and Taxation Office nor any report was called in that regard, and even the recovery memo of personal search was silent qua availability of registration book on record---All such aspects lacked the ingredients of exclusive knowledge of the accused as no connection had been made by the Investigating Officer in the investigation to the extent of accused with the vehicle in question---Appeal against conviction was allowed, in circumstances.

Bangal Khan vs State S — 2024 PCrLJ 1241 ISLAMABAD

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