Niaz Ali vs State Benefit of doubt — 2026 MLD 215 KARACHI-HIGH-COURT-SINDH

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Niaz Ali VS State Benefit of doubt---Principle---Benefit of doubt must be accorded to the accused if there is any reasonable suspicion regarding the credibility or authenticity of the prosecution's case. Citation Name: 2026 MLD 215 KARACHI-HIGH-COURT-SINDHBookmark this Case Niaz Ali VS State S. 9(c)---Possession of narcotic substance---Appreciation of evidence---Benefit of doubt---Safe custody of the recovered charas not proved---Prosecution case was that 2100-grams charas in three packets was recovered from the possession of accused---Complainant stated that the case property was handed over to the Head Moharar, yet the latter was not examined as a witness---Head Moharrar was a crucial prosecution witness,as his testimony was essential to establishing the safe custody of the case property and ensuring an unbroken chain of custody---Failure to examine Head Moharrarsubstantially weakened the prosecution's case---Appeal against conviction was allowed, in circumstances. Citation Name: 2026 MLD 215 KARACHI-HIGH-COURT-SINDHBookmark this Case Niaz Ali VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotic substance---Appreciation of evidence---Benefit of doubt---Non-association of private witnesses at the time of arrest and recovery process---Consequential---Prosecution case was that 2100-grams charas in three packets was recovered from the possession of accused---Investigating Officer stated in the memo. of inspection that the crime scene was located on the main street running north-south, with the national highway situated to the north---It was an admitted fact that the incident took place in a densely populated area and the complainant acted on a prior tip-off---However, no independent witnesses were associated with the arrest and recovery---While S.25 of the Control of Narcotic Substances Act, 1997, excluded the mandatory application of S.103 of the Cr.P.C., allowing Police Officials to be considered competent witnesses, that did not absolve the complainant of the responsibility to involve independent public witnesses---Absence of such witnesses raised concerns regarding the potential false implication of the accused---Appeal against conviction was allowed, in circumstances. Citation Name: 2026 MLD 215 KARACHI-HIGH-COURT-SINDHBookmark this Case Niaz Ali VS State S. 9(c)---Possession of narcotic substance---Appreciation of evidence---Benefit of doubt---Contradiction in the statements of witnesses regarding quantity of charas recovered---Prosecution case was that 2100-grams charas in three packets was recovered from the possession of accused---Record showed that the charge against the appellant/accused was framed based on the recovery of charas,with a recorded weight of 2100 grams---Complainant testified in his examination-in-chief that the total weight of the recovered charas was 2130 grams---Similarly, recovery witness stated during his examination-in-chief that 2130 grams of charas was recovered from the appellant's possession---However, the memo. of arrest and recovery, along with the chemical report, indicated that the recovered charas weighed 2100 grams---Said inconsistency and contradiction between the depositions of the complainant and the witness, as compared to the memo. of arrest and recovery regarding the weight of the case property, were significant and detrimental to the prosecution's case---Appeal against conviction was allowed, in circumstances.

Niaz Ali vs State Benefit of doubt — 2026 MLD 215 KARACHI-HIGH-COURT-SINDH

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