Aman Ullah vs State S — 2026 YLR 77 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 YLR 77 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: YLR
Parties: Aman Ullah vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 342

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

Aman Ullah VS State S. 9(c)---Possession of narcotic substances---Appreciation of evidence---Benefit of doubt---Vehicle from which the alleged recovery made not produced---Prosecution case was that 12-kilogram charas was recovered from the vehicle driven by the accused-appellant---Record showed that the very vehicle from which the alleged recovery had been made and in which the appellant was present at the time of his arrest was not produced before the Trial Court during the trial---Though it was correct that while examining the appellant under S.342 of Code of Criminal Procedure, 1898, the Trial Court did question the appellant with regard to the said vehicle, however said vehicle was never exhibited as an article during the course of the trial of the case---Perusal of the recovery memo. revealed that only on the said recovery memo, the vehicle had been marked as P-7, with its keys marked as P-8, however neither during the statements of any of the prosecution witnesses nor during the examination of the appellant under S.342 of Code of Criminal Procedure, 1898, the said vehicle was marked or exhibited as an article and only its keys were, clearly proving that the said vehicle was never produced before the Trial Court---Moreover, it was mandatory for the prosecution to have produced the said vehicle in order to allow the appellant to confront the prosecution witnesses and defend themselves---Failure of the prosecution to produce the said vehicle before the Trial Court had resulted in causing prejudice to the appellant in his defence---Appeal against conviction was allowed, in circumstances.

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