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---Benefit of doubt---Prosecution case was that 1780 grams heroin powder was recovered from the vehicle driven by accused---No document was available on record which confirmed that departure and entry in the police station had been entered in the record---Admitted by complainant in cross examination that when he along with other Police Officials reached at bus stand the car was parked and the accused was sitting on the driving seat---During the course of cross-examination, complainant confirmed that the substance was recovered from beneath the cavity between the dashboard and screen tap and in that regard he was confronted with a picture, thereafter, he acknowledged three cavities existed and also confirmed that it was correct that beneath the screen tap no cavity existed---Recovery witness also narrated the same story as of the complainant and also additionally explained the personal search of the accused in which two Mobile Phones, driving license, wallet with different cards and Rs.3100/- were recovered which were taken into possession by Investigating Officer---Both the star witnesses had not uttered a single word qua the disclosure and subsequently the recovery of narcotics on the pointation of the accused which was the key factor---As per stance of the prosecution the narcotics had been recovered from the secret cavity of the dashboard beneath the screen tap and such recovery had been effected by the Investigating Officer himself without any disclosure made by the accused, therefore, it was incumbent upon the State to demonstrate that accused had some connection with the vehicle except that he was sitting on the driving seat in a parked car at the place of occurrence i.e. the bus stand---No person from the public had been associated with the recovery proceedings---Such lapse on the part of the Investigating Officer would go against the prosecution---Appeal against conviction was allowed, in circumstances.

Bangal Khan vs State S — 2024 PCrLJ 1241 ISLAMABAD

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