Citation Name: 2024 PCrLJ 678 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case KHALIQ DAD vs State S — 2024 PCrLJ 678 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PCrLJ 678 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PCRLJ
Parties: Citation Name: 2024 PCrLJ 678 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case KHALIQ DAD 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

Citation Name: 2024 PCrLJ 678 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case KHALIQ DAD VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Unassembled dashboard of the car, non-production of---Effect---Prosecution case was that from the accused persons 2 kgs heroine and 25 kgs opium were recovered having been concealed in the cavities made in the dashboard of the car---Record revealed that the prosecution failed to produce the unassembled dashboard, showing the cavities, wherein the narcotics were concealed---Recovery witness (PW) also did not mention in his statement that as to how and by whom the dashboard was unassembled on the spot with further failure by the prosecution to produce the unassembled dashboard in the court for exhibiting---Neither statement of said witness nor the impugned judgment, depicted that the car was physically examined by the defence or state counsel or by the Trial Court---Thus, statements of the prosecution witnesses were not confidence inspiring and untrustworthy---Prosecution had failed to prove the indictment and the reasoning assigned by the Trial Court was based on misreading of evidence as well as improper appraisal of evidence---Thus, High Court set aside the impugned judgment passed by the Trial Court and acquitted both the appellants from the charge, extending them the premium of benefit of doubt---Appeals against conviction were allowed, in circumstances.

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