Nazeer Ahmad vs State S — 2025 PCrLJ 1178 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 PCrLJ 1178 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: PCRLJ
Parties: Nazeer Ahmad vs State S
Subject matter: Criminal
Provisions referred to: S. 15

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

Nazeer Ahmad VS State S. 15(e)---Possession of illicit weapon---Appreciation of evidence---Recovery of weapon disbelieved in the main case from which present case originated---Prosecution case was that during the investigation of a case registered under Ss.302, 147, 148 & 149, P.P.C, a Kalashnikov with a magazine and nine live rounds were recovered on the pointation of accused---Allegedly, recovery of Kalashnikov along with a magazine and nine live rounds having been hidden under the ground in the house of accused, wrapped in plastic was recovered on the pointation of the accused after lapse of almost one year---However, the address of the accused which had been mentioned was different from the address from where the weapon was recovered---In such circumstances, it was obligatory upon the Investigating Officer to have established the connection of the accused with the house wherefrom recovery was effected either as a owner or a tenant, but no documents thereof had been secured---Investigating Officer had failed to record the statements of the neighbours of the house wherefrom recovery had been made to establish that the accused was living in the said premises---Accused had been acquitted in main case of murder in appeal by disbelieving the recovery---Circumstances established that the prosecution had failed to drive home the charge against the accused---Appeal against conviction was allowed accordingly.

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