SARFRAZ AHMED vs State S — 2024 SCMR 1571 SUPREME-COURT

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

SARFRAZ AHMED VS State S. 9(c)---Possession and transportation of 146.20 kilograms of charas---Reappraisal of evidence---Safe custody of the parcels of the contraband not proved---In order to prove the safe custody of the parcels of the contraband, Moharrar of the relevant police station had not been produced at the trial by the prosecution---Due to non-appearance of the Moharrar at the trial, the safe custody of the parcel of the contraband as well as the sample parcel had not been established by the prosecution---Prosecution had failed to prove the charge against the petitioner (accused) beyond reasonable doubt---Petition was converted into appeal and allowed, and the petitioner was acquitted of the charge. Citation Name: 2024 SCMR 1571 SUPREME-COURTBookmark this Case SARFRAZ AHMED VS State S. 9(c)---Possession and transportation of 146.20 kilograms of charas---Reappraisal of evidence---Seized vehicle not produced during trial---Ownership of vehicle not established---To prove the existence of secret cavities in the floor of the vehicle and for corroborating the statements of the prosecution witnesses about recovery of 150 pieces of contraband therefrom, the seized vehicle was not produced at the trial by the prosecution and in this regard no explanation had been offered by the prosecution---No driving license was recovered from the petitioner (accused)---Ownership of the petitioner with regard to the seized vehicle had also not been proved by the prosecution---No probe was made during investigation about the ownership of the vehicle with reference to its registration number---Prosecution had failed to prove the charge against the petitioner (accused) beyond reasonable doubt---Petition was converted into appeal and allowed, and the petitioner was acquitted of the charge. Citation Name: 2024 SCMR 1571 SUPREME-COURTBookmark this Case SARFRAZ AHMED VS State S. 9(c)---Possession and transportation of 146.20 kilograms of charas---Reappraisal of evidence---Separate samples sealed in one parcel---Effect---Instead of separately sealing the 150 pieces of the separated samples (total weighing 1.350 Kgs) in 150 separate parcels, the same were sealed in one parcel i.e. parcel No. 1 in flagrant violation of the dictum laid down by the Supreme Court in the case of Muhammad Hashim v. The State (PLD 2004 SC 856)---Prosecution had failed to prove the charge against the petitioner (accused) beyond reasonable doubt---Petition was converted into appeal and allowed, and the petitioner was acquitted of the charge.

SARFRAZ AHMED vs State S — 2024 SCMR 1571 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 SCMR