Javed vs State S — 2024 PCrLJ 969 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PCrLJ 969 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PCRLJ
Parties: Javed vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 342

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

Javed VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Recovered substance not produced before the Court---Charas weighing 90 kilograms was allegedly recovered from the car of the accused persons---Alleged recovered narcotics were not produced in court which was an admitted position, and it was seriously damaging, if not fatal, to the prosecution case keeping in view that they were not burnt and it appeared the same could not be traced---Notable that the alleged recovery from the boot of the car was not put to either of the accused during their S.342 Cr.P.C statements but only the narcotics recovered from them personally---As such the recovery of the narcotics from the boot of the car could not be used to convict the accused in respect of that recovery---Furthermore, the car was never produced in Court and no evidence was produced that the accused had any link with it---Real owner never came forward nor was he ever traced out by the Investigating Officer---Thus, the prosecution had not proved its case beyond a reasonable doubt against the accused persons---Appeal against conviction was allowed, in circumstances.

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