YOUSAF KHAN vs STATE — 2026 SCMR 686 SUPREME-COURT

Case information

Citation: 2026 SCMR 686 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: YOUSAF KHAN 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

YOUSAF KHAN VS STATE. S. 9(c)---Qanun-e-Shahadat Order, 1984, Art. 129(g)---Possession of narcotic substances---Reappraisal of evidence---Benefit of doubt---Withholding material witnesses from giving evidence---Adverse presumption---Prosecution case was that 21.150 kilograms of charas and 1200 grams opium was recovered from secret cavities of the vehicle driven by appellant---If the recovery was effected by the Motorway Police during daytime, why the time of occurrence was shown as 09:00 p.m. by the Anti Narcotic Force and why the Motorway Police was not cited as witnesses, who were the most important witnesses---Not citing the officials of the Motorway Police as prosecution witnesses by the Anti Narcotic Force amounted to withholding of the best available evidence and an adverse inference within the meaning of Article 129(g) of the Qanun-e-Shahadat Order, 1984 would be drawn against the prosecution---Petition was converted into an appeal and allowed; the conviction and sentence of the petitioner recorded by the two Courts below were set aside and the appellant was acquitted of the charge levelled against him.

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