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Syed Sajjad Hussain Shah vs State — 2026 PCrLJ 93 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation
2026 PCrLJ 93 SUPREME-COURT-AZAD-KASHMIR
Court
Supreme Court of Pakistan
Year
2026
Reporter
PCRLJ
Parties
Syed Sajjad Hussain Shah vs State
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

Syed Sajjad Hussain Shah VS State. S. 9(c)---Possession of narcotic substances---Reappraisal of evidence---Discrepancy in the prosecution case---Mitigating circumstances---Sentence, reduction in---Prosecution case was that 1080-gram charas was recovered from the possession of accused-petitioner---Convict-appellant claimed that the recovered contraband was initially wrapped in white cloth weighing 60 grams, whereas the Forensic Science Laboratory Report indicated that the parcel received by the laboratory was wrapped in a khaki envelope and packed in a polythene bag---While this inconsistency, in isolation, did not suffice to dismantle the entire prosecution case, it raised a point that must be considered in the context of sentencing---Discrepancy, though minor, could be seen as a mitigating factor, as it might have indicated a lapse in strictly adhering to the prescribed protocols---Trial Court and the High Court, while both affirming the conviction, did not appear to have fully addressed this factor in their judgments, despite its potential relevance to the sentence---Given the minor nature of the discrepancy and the otherwise unbroken chain of custody, it would have been prudent to award the convict-appellant the benefit of this mitigating factor, potentially leading to a reduction in the sentence imposed---Circumstances established that the prosecution had proved its case beyond shadow of doubt, however, due to mitigating circumstances, the sentence was reduced to 05 years imprisonment---With said modification in sentence, the appeal was partially accepted.

Other judgments reported in 2026 PCRLJ

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