Abdul Hameed vs State S — 2026 YLR 1107 KARACHI-HIGH-COURT-SINDH

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Abdul Hameed VS State S. 9(c)---Possession of narcotic substance---Appreciation of evidence---Prosecution case was that 48-kilograms charas in 40 packets was recovered from secret cavities of the vehicle driven by accused---From the evidence on record, it transpired that no procedural infirmity was committed by the Anti Narcotic Force Officials while recovering huge quantity of charas---Timely recovery was made at the pointation of the appellant and the weighing of the quantity was made at the spot---Once the appellant along with the vehicle and the recovered narcotics was brought to the police station where FIR was lodged, recovered charas was deposited in the Malkhana---Sealed parcels were sent to Chemical Examiner for analysis, who had observed relevant rules and protocols for analyzing the same and furnished a positive report---Further it appeared that 48 kilograms charas had been recovered from the appellant and it was difficult to believe that such a huge quantity of narcotic could be foisted upon a person---Evidence brought before the Trial Court was confidence inspiring---No doubt, all the prosecution witnesses were Police Officials, but their evidence being confidence inspiring was liable to be accepted---However, the Police Officials were equally good witnesses and could be relied upon if their testimony remained un-shattered during cross-examination---Appellant in his statement had only deposed against the Anti Narcotic Force Officials for impleading him in a case but again no enmity of any sort, as to why Anti Narcotic Force Official would implicate him in a false case, was deposed by him---When the prosecution was able to prove its case on its salient features then un-necessary technicalities should not be allowed to hamper the very purpose of the law on the subject---Close analysis of the whole prosecution evidence i.e. the recovery of huge quantity of charas, separating the samples from each packet in a prescribed manner, sending them to the Chemical Examiner, report of the Chemical Examiner and the statements of the prosecution witnesses when evaluated conjointly left no room to come to adifferent conclusion than what had been arrived at by the Trial Court---Appeal against conviction was dismissed, in circumstances.

Abdul Hameed vs State S — 2026 YLR 1107 KARACHI-HIGH-COURT-SINDH

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