Nadir Ali vs State S — 2025 YLR 2210 KARACHI-HIGH-COURT-SINDH

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Nadir Ali VS State S. 9(c)---Possession of narcotic substances---Appreciation of evidence---Benefit of doubt---Accused not arrested from the spot---Prosecution case was that 04-kilogram charas was recovered from the possession of accused-appellant---As per record, accused on seeing the raiding party coming towards him moved away on motorcycle from the place of the incident and his black color shopping bag and black-colored wallet fell at the place of incident---Due to the availability of CNIC of accused in his wallet, he was booked under Section 9-C of the Act 1997---Complainant admitted that he did not know the appellant but his arrest was based on his CNIC by seeing his photo---However, it could not be said that the appellant was transporting the narcotic on 05.10.2021 as possession and transportation of narcotics had not been established on the record---Besides after the arrest of the appellant, his identification parade was not held which showed doubt in the prosecution case---Besides, the delay in sending samples of chars to the Chemical Examiner could not be ignored since its safe custody at Malkhana was the question which the prosecution had not answered satisfactorily by adducing reliable evidence to prove the case against the appellant and the Trial Court while passing the verdict against the appellant had ignored all the material points of the case---In the present case, the appellant was not arrested redhanded with narcotic but he subsequently joined the trial after obtaining bail and was convicted based on the recovery of his CNIC from the place of the incident with the presumption that it was he who was transporting the charas---Such presumption must be substantiated with cogent evidence that he was dealing with such narcotic previously and was indulged in such sort of business, which chain was missing in the present case and created doubt as he was not seen by the prosecution while riding on the motorcycle on the day of the incident as the Police Officers deposed that they did not know each other previously---Circumstances established that the prosecution had failed to prove the case against the appellant beyond a reasonable doubt by producing reliable, trustworthy and confidence-inspiring evidence---Appeal was allowed, accordingly.

Nadir Ali vs State S — 2025 YLR 2210 KARACHI-HIGH-COURT-SINDH

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