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---Mode and manner of the alleged recovery doubtful---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 after drafting of the 'Murasila' followed FIR coupled with separation of samples on the spot, the investigation of the subject case was handed over to Investigating Officer---As per contents of Mad Report No. 20, the Investigation Officer, in the company of Madad Muharir, proceeded to the spot of occurrence on 02.01.2023 at 05.25 hours, however, when the said three officials returned to the police station/Levy Post concerned on the same date i.e. 02.01.2023 at 06:30 hours, as reflected from Mad Report No. 21, they were accompanied by the fourth official by the name "MS"---Needless to mention that "MS" was the most relevant witness of the prosecution in a sense that he was the marginal witness to the recovery memo, which was with respect to the recovery of the alleged contraband---If said witness was not a member of the initial police party headed by the Investigation Officer, then how and for what reason his name was later on mentioned in the returning party of the police, therefore, that element also casted a serious doubt on the mode and manner of the alleged recovery of the contraband from the vehicle in question which was allegedly driven by the accused/appellant---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2026 PCRLJ

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2026 PCrLJ 389 SUPREME-COURT-AZAD-KASHMIRSyed Muhammad Kashan Haider VS State. S. 497(1)---azad Penal Code (XLV of 1860),Ss. 302(b), 341 & 34---arms act (XI of 1878), S. 15(2)---Qat…
2026 PCrLJ 93 SUPREME-COURT-AZAD-KASHMIRSyed Sajjad Hussain Shah VS State. S. 9(c)---Possession of narcotic substances---Reappraisal of evidence---Prosecution case was that 1080-gr…
2026 PCrLJ 93 SUPREME-COURT-AZAD-KASHMIRSyed Sajjad Hussain Shah VS State. S. 9(c)---Possession of narcotic substances---Reappraisal of evidence---Discrepancy in the prosecution ca…
2026 PCrLJ 93 SUPREME-COURT-AZAD-KASHMIRSyed Sajjad Hussain Shah VS State. S. 9(c)---Possession of narcotic substances---Reappraisal of evidence---Safe custody of recovered substan…

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