Ajmal Shah vs State S — 2025 MLD 1127 ISLAMABAD

Case information

Citation: 2025 MLD 1127 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: MLD
Parties: Ajmal Shah 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

Ajmal Shah VS State S. 9(c)---Possession of narcotic substances---Appreciation of evidence---Sentence, quantum of---Prosecution case was that 12 kilograms charas in ten packets was recovered from the secret cavity of the vehicle driven by the accused---Accused was a first offender and was earlier not involved in any other criminal case---Trial Court while awarding the maximum punishment of life imprisonment for possessing 12 kilograms of charas under S.9(c) of the Act of 1997 did not consider this fact---On the other hand, the ocular testimony of the prosecution witnesses remained consistent and their credibility was not undermined---No evidence was on record to suggest that the case property, specifically the narcotic substance, was not handled in accordance with legal procedures---Ten sample parcels were duly separated from the ten recovered packets of narcotic substance and delivered to the Chemical Examiner on the following day after their recovery---Chemical Examiner's reports were conclusive and confirmed the recovered substances to be "charas"---Thus, it was concluded that the appellant's conviction did not call for interference---However, the sentence of life imprisonment awarded to the appellant was harsh as compared to the quality of evidence available on record, therefore, the sentence of the appellant was reduced to the period already undergone by him---Appeal against conviction was dismissed with modification in sentence.

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