Citation Name: 2024 PCrLJ 1502 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Abdul Qadir vs State S

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Citation Name: 2024 PCrLJ 1502 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Abdul Qadir VS State S. 9(c)---Possession of narcotic substances---Appreciation of evidence---Prosecution case was that 574-kilograms charas and 07-kilograms opium were recovered from secret cavities of the truck driven by the accused---Record showed that the statements of prosecution witnesses, the complainant who reiterated what he had reported in Murasila, the Incharge of Malkhana who kept the recovered narcotics in Malkhana and made entry in Register No.19 for onward transmission to the Chemical Examiner and mushir of the recovery memo, had been thrashed out in depth who all had supported the prosecution versions and stood firm to the test of cross-examination---Nothing beneficial could be elicited casting any doubt on their veracity---Accused was apprehended at the spot from driving seat of truck and on search from the secret cavities of the truck charas and opium were recovered and samples from the alleged recovered materials were separated for chemical analysis without any loss of time, which were found as hashish pukhta and opium---No enmity whatsoever had been alleged against the prosecution witnesses and there was hardly any possibility for false implication without having any ulterior motive which was never alleged---As per FIR and statements of witnesses, the accused was driving the truck at the time of alleged recovery of contraband while other accused was sitting near to him---Person who was on driving seat of the vehicle would be held responsible for transportation of the narcotics, having knowledge of the same---Further when a person was driving a vehicle, he was incharge of the same and it would be under his control and possession, hence whatever articles were lying in it would be under his control and possession---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, the death sentence was reduced to the imprisonment for life as the accused was a first offender---Appeal was dismissed with said modification, in sentence.

Citation Name: 2024 PCrLJ 1502 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Abdul Qadir vs State S — 2024 PCrLJ 1502 QUETTA-HIGH-COURT-BALOCHISTAN

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