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SHAHZAIB alias WADERO FEROZE vs State S — 2024 YLR 1298 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 1298 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
SHAHZAIB alias WADERO FEROZE 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

SHAHZAIB alias WADERO FEROZE VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Discrepancies in the evidence of witnesses--- Effect--- Charas weighing 5000 kilograms was allegedly recovered from accused---Complainant in his cross-examination had admitted that near the place of recovery, i.e. the main gate of Sessions Court, as well as at the gate of Record Room, security was available---Complainant did not call anyone from the security guards to act as mashir---Compplainat admitted he only opened one packet and then sealed all the packets as case property without opening and checking remaining four packets, whereas the mashir of arrest and recovery in his cross-examination had admitted that complainant did not call the security guard of Sessions Court for acting as mashir---Investigating Officer had deposited the case property to Chemical Examiner with the delay of about 06 days---Question arose that as per FIR and the evidence of complainant party, the accused was coming on motorcycle having Charas in his possession but he on seeing the police party neither resisted nor tried to slip away which did not appeal to a prudent mind---All the said things made the case of prosecution doubtful---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 YLR

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