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MIR MUHAMMAD vs State S — 2024 PCrLJ 370 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 370 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
MIR MUHAMMAD vs State S
Subject matter
Criminal
Provisions referred to
S. 9

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MIR MUHAMMAD VS State S. 9(c)---Possession of narcotic---Appreciation of evidence---Recovery of vehicle---Inconsequential---Twenty eight kilograms charas was recovered from the vehicle of the accused persons---Record showed that no customer was found around place of occurrence for the purpose of purchasing charas---Police had also failed to trace out the original owner of the car---As per record, the car of accused had come through a police picket but no receipt of Toll Plaza had been produced---Description of the vehicle in which police party had left the police station had also not been given---Prosecution also failed to prove that the car in question belonged to the accused---Owner of the car was neither made as an accused nor witness in the case---If the owner of the car was not an accused, then he must have been associated as witness in the case to clarify how the car went into the hands of the accused and under what capacity the possession of such vehicle was with claimed possessor of said vehicle---Non-associating the owner of the vehicle/car in the case, in any capacity created a serious doubt regarding the prosecution case that the accused persons were in exclusive possession of such vehicle, hence it would be not safe to saddle them with the claimed recovery---No log book was produced by the police---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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