Citation Name: 2024 YLR 1390 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD IMTIAZ vs State S

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Citation Name: 2024 YLR 1390 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD IMTIAZ VS State S. 9(d)---Possession of narcotics---Appreciation of evidence---Sentence, modification of---Safe custody and transmission of the recovered substance for analysis proved---Prosecution case was that two packets of heroine, weighing 1000 grams each, (total 2000 grams) were recovered from the motorcar of the accused---Complainant of the case reiterated the same facts, which he had mentioned in the murasila---Said witness in the murasila as well as in his Court statement stated that he handed over the case property, murasila and motorcar to recovery witnesses for taking the same to Police Station, drafted application to the Forensic Science Laboratory and on his pointation, the Investigating Officer prepared the site plan---Recovery witness/ Police Constable deposed that complainant took into possession the contraband along with motorcar in question through recovery memo, which correctly bore his signature and that of other recovery witness---Said witness stated that complainant drafted murasilaand handed over the case property, murasila and motorcar to him and other recovery witness for taking the same to police station, which they took to the Police Station and handed over murasila and accused to Sub-Inspector (S.I.) and the case property to Moharrir---Moharrir deposed that on 14.05.2022, the recovery witness brought case property, murasila and motorcar to Police Station; that he received case property and kept the same in Malkhana and parked the vehicle in premises of Police Station and in that regard he made entry in Register No.19 while the contents of murasila were incorporated into F.I.R by other SI--- Moharrir/ASI deposed that on 17.05.2022 he handed over case property of the instant case i.e. parcels Nos. 1 and 2 along with route certificate to a Duty Foot Constable (DFC) for taking the same to Forensic Science Laboratory---Accordingly he took the parcels to the Forensic Science Laboratory and brought back the route certificate, which he placed on Register No.21---Said DFC deposed that on 17.05.2022 he was handed over the case property of this case i.e. parcels Nos.1 and 2 along with route certificate by Muharrir for taking the same to the Forensic Science Laboratory and accordingly he took the same and delivered it at the Forensic Science Laboratory to the concerned official and brought back the route certificate and handed it over to Muharrir---All the witnesses had been subjected to lengthy cross-examination, but nothing destructive to prosecution case and helpful to accused had been elicited from their mouth---Safe custody/transmission of contraband from the spot to the Police Station and thereafter to the Forensic Science Laboratory had been established---However, by looking into the circumstances of the case there was nothing on record to show previous involvement of the accused in such like offences, hence the sentence of life imprisonment was reduced to four years imprisonment---Appeal was dismissed with such modification in sentence.

Citation Name: 2024 YLR 1390 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD IMTIAZ vs State S — 2024 YLR 1390 PESHAWAR-HIGH-COURT

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