Ilyas ibrahim vs State Conviction — 2026 PCrLJ 224 KARACHI-HIGH-COURT-SINDH

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Ilyas ibrahim VS State Conviction---Principle---Harsher the punishment prescribed, the stricter the standard of proof required. Citation Name: 2026 PCrLJ 224 KARACHI-HIGH-COURT-SINDHBookmark this Case Ilyas ibrahim VS State Benefit of doubt---Principle---Single or slightest doubt, if found reasonable in the prosecution case, would be sufficient to entitle the accused to its benefit not as a matter of grace and concession but as a matter of right. Citation Name: 2026 PCrLJ 224 KARACHI-HIGH-COURT-SINDHBookmark this Case Ilyas ibrahim VS State Ss. 6, 9(2), 9, 14 & 15---Possession of narcotic substances---Appreciation of evidence----Benefit of doubt---Exact weight of the recovered substances not determined---Consequential---Prosecution case was that 4.160-kilograms ICE-(methamphetamine) was recovered from the possession of accused-appellants---Alleged recovered methamphetamine-soaked fabric weighing 4.160 kilograms was transmitted for analysis to the office of the Chemical Examiner through Police Constable, who deposited the same therein---However, it was regrettable to note that the Investigating Officer did not request the Chemical Examiner to ascertain the net weight of methamphetamine contained in the recovered pieces of cloth soaked with methamphetamine---Mashirnama, as well as the chemical report, did not indicate what quantity of methamphetamine was present in the recovered fabric---In passing sentence, the Trial Court too erroneously treated the entire weight of the soaked fabric as the weight of the methamphetamine---In other words, the prosecution failed to substantiate its claim through flawless convincing and confidence-inspiring evidence, as was mandated in cases prosecuted under the stringent provisions of the Act, 1997---Appeal against conviction was allowed, in circumstances. Citation Name: 2026 PCrLJ 224 KARACHI-HIGH-COURT-SINDHBookmark this Case Ilyas ibrahim VS State Ss. 6, 9(2), 9, 14 & 15---Possession of narcotic substances---Appreciation of evidence----Benefit of doubt---Infirmities in recovery proceedings---Prosecution case was that 4.160-kilograms ICE-(methamphetamine) was recovered from the possession of accused-appellants---Record transpired that the complainant, during his testimony, asserted that from the possession of the appellants he recovered four packing bags containing methamphetamine-soaked pieces of white cloth concealed within ten car seat covers and other automobile accessories/parts, under the memo. of arrest and recovery, prepared in the presence of mashirs---Noteworthy that during the examination-in-chief of recovery witness, the prosecution did not produce the booking slip, which constituted the basic document to prove the arrival of the shipment from R-(Rawalpindi) Daewoo Cargo Service to K-(Karachi) Daewoo Cargo Terminal; rather, said document was produced through recovery witness during his cross-examination---Recovery witness, when confronted regarding the packing material of the subject shipment, professed unawareness as to whether the same was packed in cartons or bags---Moreover, when questioned about the number of pieces of narcotic-soaked cloth recovered, he was unable to state the quantity---Both the said witnesses, during cross-examination, conceded that the recovered packing bags bore neither the name of the sender nor that of the recipient---Said witnesses further admitted that neither before nor after the recovery did they make any inquiry regarding the shipment from the staff of the Daewoo Cargo Terminal, nor was any member of the said cargo terminal staff examined during investigation---Perusal of recovery memo further revealed that the memo of recovery was silent regarding the recovery of any automobile accessories/parts---Additionally, both the complainant and the mashir were unable to state how many pieces of white cloth soaked with methamphetamine had been secured whether separately from each car seat cover or collectively from the ten car seat covers---Appeal against conviction was allowed, in circumstances. Citation Name: 2026 PCrLJ 224 KARACHI-HIGH-COURT-SINDHBookmark this Case Ilyas ibrahim VS State Ss. 6, 9(2), 9, 14 & 15---Possession of narcotic substances---Appreciation of evidence----Benefit of doubt---Non-production of packing material and bags---Consequential---Prosecution case was that 4.160-kilograms ICE-(methamphetamine) was recovered from the possession of accused-appellants---Omission on the part of the complainant/Investigating Officer further weakened the prosecution's case, as the non-seizure and non-production of the original packing material or packing bags deprived in establishing a link that the recovered methamphetamine-soaked cloth was in fact part of the shipment alleged to have arrived from R-(Rawalpindi)---The packing material, bearing possible identification marks, details of the sender, or shipment particulars, could have served as tangible corroboration connecting the recovered contraband to the alleged consignment---Absence of said material, without any plausible explanation, casted a serious shadow on the reliability of the recovery proceedings and the prosecution narrative as a whole---Appeal against conviction was allowed, in circumstances. Citation Name: 2026 PCrLJ 224 KARACHI-HIGH-COURT-SINDHBookmark this Case Ilyas ibrahim VS State Ss. 6, 9(2), 9, 14 & 15---Possession of narcotic substances---Appreciation of evidence----Benefit of doubt---Defective investigation---Prosecution case was that 4.160-kilograms ICE-(methamphetamine) was recovered from the possession of accused-appellants---Complainant also acted as an Investigating Officer in the case; however, he failed to examine any member of the staff of the Daewoo Cargo Terminal at K-(Karachi) or at R-(Rawalpindi) from where the alleged shipment was booked---Another noteworthy aspect of the prosecution case was its claim that the subject shipment was dispatched from R-(Rawalpindi) and arrived at the Daewoo Cargo Terminal, K-(Karachi)---Nevertheless, after the alleged recovery of ICE-(methamphetamine)-soaked cloth pieces, the complainant/Investigating Officer did not offer any explanation as to why the packing material or packing bags of the said shipment was not seized and produced during the trial, so as to demonstrate that the alleged recovery of white cloth pieces soaked with ICE-(methamphetamine) was indeed effected from the shipment that had arrived at the Daewoo Cargo Terminal, K-(Karachi)---Investigating Officer, at the time of the alleged recovery of narcotic-soaked cloth, also claimed to have seized a motorcycle, which was allegedly used by the appellants---Surprisingly, that motorcycle was never produced before the Trial Court as case property---Moreover, no verification was undertaken from the relevant Excise and Taxation Department to ascertain the ownership of the said motorcycle---Such unexplained omission not only reflected a lapse in investigation but also created a reasonable doubt in the prudent mind regarding the veracity of the prosecution's claim of recovery, particularly in view of the stringent requirements of proof mandated under the Act, 1997---Appeal against conviction was allowed, in circumstances. Citation Name: 2026 PCrLJ 224 KARACHI-HIGH-COURT-SINDHBookmark this Case Ilyas ibrahim VS State S. 342---Examination of accused---Incriminating material not put to the accused during his examination---Effect---Every piece of incriminating evidence must be specifically put to the accused during his statement under S.342, Cr.P.C., failing which such evidence cannot be used against him. Citation Name: 2026 PCrLJ 224 KARACHI-HIGH-COURT-SINDHBookmark this Case Ilyas ibrahim VS State Ss. 6, 9(2), 9, 14 & 15---Criminal Procedure Code (V of 1898), S. 342---Possession of narcotic substances---Appreciation of evidence----Benefit of doubt---Accused not confronted with material incriminating evidence---Grave procedural irregularity---Effect---Prosecution case was that 4.160-kilograms ICE-(methamphetamine) was recovered from the possession of accused-appellants---Record showed that while recording the statements of the appellants under S.342, Cr.P.C., the basic document i.e., (the booking slip) was not confronted to the appellants during their statements under S.342, Cr.P.C.---Said omission constituted a clear contravention of the mandate of S.342, Cr.P.C., which obligated the Court to put to the accused every piece of incriminating evidence appearing against him, so as to enable him to explain the circumstances---Record further reflected that the incriminating material regarding the booking slip, as well as the presence and production of the pieces ofnarcotic-soaked fabric during trial, were never specifically put to the appellants---Moreover, the chemical report, along with its brief analysis, was also not confronted to them during their examination under S.342, Cr.P.C.---Appeal against conviction was allowed, in circumstances. Citation Name: 2026 PCrLJ 224 KARACHI-HIGH-COURT-SINDHBookmark this Case Ilyas ibrahim VS State Benefit of doubt---Principle---Prosecution must prove its case against an accused beyond reasonable doubt---Any doubt arising from the prosecution's own case must be resolved in favour of the accused.

Ilyas ibrahim vs State Conviction — 2026 PCrLJ 224 KARACHI-HIGH-COURT-SINDH

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