Sabir Shah vs State S — 2026 PCrLJ 651 PESHAWAR-HIGH-COURT

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Sabir Shah VS State S. 9(D)---Possession of narcotic substances---Appreciation of evidence---Benefit of doubt---Transportation of narcotic substance not proved---Prosecution case was that a bag containing 3044-grams chars in three packets lying beneath the legs of the accused/driver of the vehicle was recovered---Seizing Officer/complainant of the case in hand was examined and in his cross-examination he stated that the case property was in the form of slabs and the case property was in solid condition, however, during the Court proceedings when the parcel was opened, the case property turned out to be in another shape, whereby, one slab was in soft form, whereas the remaining two slabs were in solid condition---Complainant also affirmed the assertion of the Muharir of the levy post in terms that he had not put his signature in Register No. 19---Likewise, the testimony of the Investigation Officer, was not above board---In his cross-examination Investigating Officer had admitted that in their department, there was Post Commander by the name of "NR" and the monogram affixed on the representative samples by the abbreviation of "N.R" might be of his name, whereas, the Post Commander of the subject case was "NZ" and the name of his abbreviation would be "N.Z"---In view of the said admissions on part of the material witnesses of the prosecution the case of the accused/appellant qua his alleged offence of transportation of narcotics was prima facie standing in vacuum, as such, accused/appellant was entitled for its benefit---Moreover, Seizing Officer was bound to inscribe the abbreviation of his own name as the abbreviation "N.R" did not reflect the name of none of the persons present on the spot including the Seizing Officer-cum-Investigating Officer, as such, the prosecution had not been able to prove that as to who separated the samples from the recovered stuff and that as to who had dispatched or taken them to the police station, which failure of the prosecution was fatal for their case---Appeal against conviction was allowed, in circumstances.

Sabir Shah vs State S — 2026 PCrLJ 651 PESHAWAR-HIGH-COURT

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