GHAZI KHAN PATHAN vs State 9(c) — 2025 SCMR 1351 SUPREME-COURT

Case information

Citation: 2025 SCMR 1351 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: GHAZI KHAN PATHAN vs State 9(c)
Subject matter: Criminal

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

GHAZI KHAN PATHAN VS State 9(c)---Possession of narcotic substance---Reappraisal of evidence---Person seated in front passenger seat---Not aware of presence of narcotics in the vehicle---Prosecution case was that 30 kilogram charas/hashish was recovered from the truck driven by accused "GK", while accused "MK" was seated in the front passenger seat---Trial Court convicted both the accused and sentenced them to suffer imprisonment for life---Appeal was preferred before the High Court but was dismissed---Validity---As per record, petitioner "MK" was sitting on front seat at the time of interception---As such, attributing the illicit narcotics found in the vehicle to petitioner "MK" could not be justified in the absence of any evidence linking him to the possession or control of the vehicle, as prosecution failed to provide evidence that he was aware of the narcotic in the vehicle---Since petitioner "MK" lacked a possessory right in or control over the vehicle, and it could not be inferred that he had knowledge of the narcotic---Thus, petitioner "MK" was neither conscious nor aware of the narcotic present in the vehicle---Supreme Court found no reasonable grounds to uphold his conviction---Petition of petitioner, "MK", was converted into appeal and was allowed, in circumstances, and he was acquitted of the charge.

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