Citation Name: 2024 YLR 1000 PESHAWAR-HIGH-COURTBookmark this Case MUSA RAZA vs State S

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Citation Name: 2024 YLR 1000 PESHAWAR-HIGH-COURTBookmark this Case MUSA RAZA VS State S. 9(d)---Possession of narcotics---Appreciation of evidence---Prosecution case was that 2400 grams charas in a sack was recovered from the possession of accused---Presence of the accused on the spot while being apprehended was not doubted in any manner whatsoever---Prosecution's contention that the flour sack in possession of the accused contained the contraband charas along with the bread crumbs was not shattered visibly and materially---Not even a suggestion was put to the complainant/ Seizing Officer that the flour sack containing the contraband charas, was not in possession of the accused, or belonged to the acquitted co-accused, or that the accused had no knowledge of it---Moreover, it was fully established that the accused was caught red handed, having the contraband charas in the flour sack that contained bread crumbs---Place of the occurrence, too, was not doubted---Place of the occurrence was a thickly populated area, but no private person was associated and only the Police Officials present there were made witnesses of the recovery---However, evidence of the Police Officials who deposed against the accused was not shattered---Evidence of the Police Officials should be scrutinized with care and caution---Thus, where in the circumstances of a case, like the one in hand, the evidence of the Police Officials was natural, consistent, and confidence inspiring, coupled with the fact that neither ill will nor enmity, was, alleged against Police officials or it was alleged but not proved, it would weigh heavily in the scale of justice---Circumstances established that the prosecution had proved the charge beyond any reasonable shadow of doubt---Appeal in hand was accordingly dismissed.

Citation Name: 2024 YLR 1000 PESHAWAR-HIGH-COURTBookmark this Case MUSA RAZA vs State S — 2024 YLR 1000 PESHAWAR-HIGH-COURT

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