Jahangir Khan vs State S — 2025 YLR 1457 ISLAMABAD

Case information

Citation: 2025 YLR 1457 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: YLR
Parties: Jahangir Khan 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

Jahangir Khan VS State S. 9(c)---Possession of narcotic substances---Appreciation of evidence---Conscious knowledge of presence of narcotics---Scope---Prosecution case was that 13-kilograms and 200-grams opium and 4800-grams charas were recovered from the secret cavities of the vehicle driven by accused---Items recovered from the vehicle in possession of the driver were presumed to be in his control and in his knowledge---If the drugs were secured from the possession of an accused then it was normally believed that they had a direct relationship with the drugs and the burden of proof that they did not know the same laid heavily on them---In the prevailing circumstances, the prosecution had successfully discharged its duty thereby shifting the burden upon the appellant within the meaning of Section 29 of the Act---Such burden would require the accused to firstly cause a dent in the prosecution case and secondly to establish at least justify the possibility of false implication or foistation of such huge quantity of narcotics but the defense had failed to do so---No denial to the fact that the appellant was carrying huge quantity of Opium and Charas---No convincing material had been produced by accused denying the fact that how it was possible that he was not having any knowledge about the contraband available in the secret cavity of car carried by him---Circumstances established that the prosecution had successfully established the guilt against the appellant beyond the shadow of any reasonable doubt---Appeal against conviction was dismissed accordingly.

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