Shah Nawaz vs State S — 2024 PCrLJ 1678 KARACHI-HIGH-COURT-SINDH

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Shah Nawaz VS State S. 9(c)---Possession of narcotic substance---Appreciation of evidence---Recovery of narcotic substance proved---Prosecution case was that 50-kilograms charas was recovered from the Rickshaw driven by the accused---In support of the case to prove the recovery of charas, the prosecution examined complainant who was also Investigating Officer and the carrier of the samples to the chemical laboratory from Malkhana and mashir of the recovery and arrest---Both the witnesses were on one line with each other regarding the recovery of charas from the Rickshaw of the accused---Both the witnesses were cross-examined and during cross-examination of complainant, the suggestion was made that the Rickshaw was stopped by the Anti-Narcotic Force Officials after crossing the toll plaza to which complainant replied that it was incorrect to suggest that the Rickshaw was stopped after crossing the toll plaza and that the Rickshaw came from Northern Bypass---Further on a suggestion the witness stated that it was a fact that the sacks were lying on the footrest on the rear seat and the rear was covered with the veiling sheets on both sides---Said suggestions confirmed the recovery from the Rickshaw and from the place where it was alleged that it was recovered from by the prosecution---No enmity or ill-will was suggested to show that the accused was booked due to some grudge or with mala fide intentions---No major/substantial contradiction was found in the evidence of said witnesses and as such their evidence was found to be reliable, trust worthy and confidence inspiring and believable---Prosecution had proven its case against the accused beyond reasonable doubt---Appeal against conviction was dismissed, in circumstances.

Shah Nawaz vs State S — 2024 PCrLJ 1678 KARACHI-HIGH-COURT-SINDH

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