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

Case information

Citation
2026 PCrLJ 651 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2026
Reporter
PCRLJ
Parties
Sabir Shah 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

Sabir Shah VS State S. 9(D)---Possession of narcotic substances---Appreciation of evidence---Benefit of doubt---Conscious knowledge of the presence of contraband---Scope---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---Record showed that during the course of investigation it transpired that the vehicle from which the alleged recovery of contraband had been made belonged to one "S"---Record showed that subsequently the said "S" appeared before the Court and he had also produced the relevant documents of the ownership of the said vehicle and in that regard he also produced a witness "Z", however, the prosecution had not arrayed him as an accused in the subject case---Possibility that in-fact the contraband was placed by the owner of the vehicle could not be ruled out---Since the contraband was recovered from a place which was visible to ordinary eyes, therefore, in the given facts and circumstances, the prosecution had not been able to prove the conscious knowledge on the part of the appellant---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2026 PCRLJ

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