Muhammad Rafiq vs State S — 2025 PCrLJ 1028 QUETTA-HIGH-COURT-BALOCHISTAN

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Muhammad Rafiq VS State S. 9-3(e)---Possession of narcotic substance---Appreciation of evidence---Contradictions in the statements of witnesses---Scope---Prosecution case was that 30 kilograms charas in 30 packets was recovered from the vehicle of accused---Record showed that Seizing Officer did not mention in his examination-in chief that after recovery of the contraband, who received the same or to whom he handed over the contraband---Said witness did not state about arrival of Moharar on the crime scene, writing of murasila and making parcels---Recovery witness testified to have recovered 30 kilograms 'charas' from the trunk of car driven by the appellant, however, while contradicting Seizing Officer, he stated that Moharar came on the crime scene, prepared murasila, and sent it through the driver for registration of the FIR---Head Moharar testified that on 31.01.2023 Investigating Officer handed over to him parcel Nos.1 to 30, which were entered by him at serial No.544 of Register No.19 and that on 01.02.2023, he handed back the said parcels to Investigating Officer---Said witness produced relevant page of Register No.19---During cross-examination, said witness stated that in the police station there were only one Head Moharar, an Assistant Moharar and two Munshis, and that Head Moharar was in-charge of the malkhana, however he did not state to have been present on the spot at the time of recovery, making parcels, or writing murasila as testified by recovery witness---Testimony of Investigating Officer had also been found to be contradictory to the statements of complainant, recovery witness and Moharar---Such contradictions made the recovery doubtful---Appeal against conviction was allowed, in circumstances.

Muhammad Rafiq vs State S — 2025 PCrLJ 1028 QUETTA-HIGH-COURT-BALOCHISTAN

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