Muhammad Aslam vs State S — 2024 YLR 2498 KARACHI-HIGH-COURT-SINDH

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Muhammad Aslam VS State S. 9(c)---Possession of narcotic substance ---Appreciation of evidence---Benefit of doubt---Prosecution case was that 25-kilograms charas was recovered from the possession of accused---Case of the prosecution was that on the day of the incident the complainant along with his staff reached at the place of incident, and one person holding bags in both hands was standing whom he arrested and recovered 25 Kilograms charas under mashirnama of arrest and recovery---However, the prosecution had not established whether both the bags allegedly recovered from the accused were sealed separately or the same were sealed in one sack---Complainant and recovery witness during their evidence deposed that both the bags were sealed on spot but a look at the Chemical Examiner Report reflected that only one bag was received at Chemical Laboratory and on its opening two bags were found---Complainant and recovery witness had deposed that they weighed the charas at a nearby LNG shop but said shop did not find a place in the sketch prepared by the Investigation Officer nor it had come on record where the said shop was situated---During the investigation, neither shopkeeper was examined by the Investigation Officer nor was produced before the Trial Court to strengthen the prosecution case---Complainant deposed that on reaching the police station he had made relevant entries in the book and thereafter registered the FIR---Complainant deposited recovered charas in the Malkhana and subsequently, the FIR including other documents and the accused were handed over to the Investigation Officer---Complainant did not utter a single word that he had handed over the case property viz. charas to the Investigation Officer; however, the Investigation Officer deposed that on 16.06.2020 he received FIR and other documents, and case property viz. charas from the complainant---Investigation Officer had not stated a single word that after receipt of chars from the complainant he had deposited it in the Malkhana---Investigation Officer again stated that after taking property from Malkhana he had deposited it with the Chemical Examiner---If the evidence of the complainant was believed then the Investigation Officer was lying in respect of receiving the case property viz the charas or vice versa---Circumstances established that the prosecution had not proved its case against the accused beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2024 YLR 2498 KARACHI-HIGH-COURT-SINDH Muhammad Aslam VS State S. 9(c)---Possession of narcotic substance---Appreciation of evidence---Safe custody of the recovered substance not proved---Prosecution case was that 25-kilogram charas was recovered from the possession of accused---Investigation Officer in his cross-examination deposed that on 17.06.2020 he collected case property i.e. charas from Head Moharar at the police station under entry No.5 at 09.00 a.m. but he had not examined the Head Moharar nor the said Head Moharar was produced before the Trial Court to prove the safe custody of charas---Even the prosecution had failed to establish that at the relevant time who was the incharge of the Malkhana---Prime duty of the prosecution was to ensure safe custody of the recovered charas from the time of recovery till its arrival at the office of the Chemical Examiner and its failure to do so would cast doubt on and impair the reliability of the chemical report---Record showed that the prosecution had not produced strong evidence to prove the safe custody of charas, therefore, by failing to prove the safe custody of the recovered contraband the same could not be used against the accused and the chemical report was of no legal value---Circumstances established that the prosecution had not proved its case against the accused beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2024 YLR 2498 KARACHI-HIGH-COURT-SINDH Muhammad Aslam VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 342---Possession of narcotic substance---Appreciation of evidence---Defence plea of false implication in case plausible---Prosecution case was that 25-kilogram charas was recovered from the possession of accused---According to the evidence of the defence witness the police asked the accused to hand over one abductee girl who was staying at his house to person "SR" and in case of failure to do so the accused would be booked in criminal cases---As per his evidence on the next day, some people of person "SR" came along with the police, the complainant of the case, to whom they handed over the said girl however despite that the accused was involved in present false case---Accused during his statement under S.342, Cr.P.C, had also exhibited certain documents including the Nikahnama and free-will affidavit in respect of the marriage of "MH" and the alleged abductee girl who was taking shelter at his house---Said boy and the girl and the accused belonged to the place wherefrom the complainant also belonged and which he also admitted during his cross-examination---Circumstances established that the prosecution had not proved its case against the accused beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2024 YLR 2498 KARACHI-HIGH-COURT-SINDH Muhammad Aslam VS State Benefit of doubt---Principle---If a single circumstance creates reasonable doubt in a prudent mind about the guilt of the accused then the accused will be entitled to it benefit not as a matter of grace and concession, but as a matter of right.

Muhammad Aslam vs State S — 2024 YLR 2498 KARACHI-HIGH-COURT-SINDH

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