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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---Vehicle used in the commission of alleged offence not produced---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 though it was the case of prosecution from very inception that the appellant was transporting the contraband in the Suzuki vehicle and it was their case that on search of the said vehicle the alleged contraband was recovered from the adjacent place near the driver seat, allegedly lying in a bag, as such, it was an important piece of evidence with the prosecution to connect the present appellant with the commission of offence---However, it was surprising that the prosecution had not been able to produce and exhibited the said vehicle in the Trial Court---Prosecution was bound to make some reasonable and visible efforts to make sure the production of the said vehicle and to exhibit the same during the trial, therefore, non-production of the vehicle and its non-exhibition had cut the very roots of the prosecution case and thus on that score too, the benefit had to be extended to the appellant---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2026 PCRLJ

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