The blog is made for legal help of people un ko sikhane ke liye thane or Courts main, court marriage .khula, illegal Arrest applications. Banking Court Consumer court, Nadra divorce certificate, and all other courts are .you can call or WhatsApp )0092-324-4010279 to ask, subscribe our youtube channel. Email subscribe to send you law information and follow us.we will reply your every question. share our posts . our main goal provide information to people to end injustice
12/03/2024
Auction | Auction of a joint house The High Court, while dismissing the appeal to stay the auction with special costs, held that the appellant was in possession of the entire house and was obstructing the heirs in taking their right. 2024 C L C 1753
9C| Acquittal of drugs 1650 grams of hashish The High Court held that the failure to present independent and impartial testimony in the presence of a claim of hostility towards the police proved fatal to the prosecution's case.Accused acquitted. 2024 Y L R 996
[Sindh]
Before Naimatullah Phulpoto and Shamsuddin Abbasi, JJ
ALI HUSSAIN alias RAJU---Appellant
Versus
The STATE---Respondent
Criminal Appeal No. 251 of 2022, decided on 18th January, 2023.
(a) Control of Narcotic Substances Act (XXV of 1997)---
----S. 9(c)---Possession of narcotics---Appreciation of evidence---Safe custody of narcotics---Charas weighing 1650 grams brought to the police station was sent to the Chemical Examiner for analysis through the Investigation Officer, but neither Head Moharir had been examined nor entry of Register No.19 had been produced before the Trial Court---Since safe custody of the charas at Police Station and its transmission through safe hands was not established on the record, the same could not be used against the accused---Prosecution had failed to establish safe custody of the narcotic substance at Police Station and its safe transmission to the expert---Circumstances established that the prosecution had failed to bring home the guilt of accused---Appeal against conviction was allowed, in circumstances.
Qaiser Khan v. The State through Advocate General Khyber Pakhtunkhawa, Peshawar 2021 SCMR 363 ref.
(b) Control of Narcotic Substances Act (XXV of 1997)---
----S. 9(c)---Possession of narcotics---Appreciation of evidence---Contradictions in the prosecution's evidence---Police Officials as witnesses---Enmity with the Police Officials---Record revealed that Mashiras a prosecution witness during his examination replied that there was a slab of charas but in cross-examination he replied that there were 07 pieces of charas---Prosecution had no explanation for such ambiguity---According to the case of prosecution, appellant was arrested at 6:00 a.m. and presence of 2/3 private persons had also come on record--- Non-examination of these private persons was fatal to the case of prosecution, for the reason that appellant in his statement recorded under S. 342, Cr.P.C., had claimed enmity with the police officials---No doubt, evidence of Police Officials was as good as of private persons but when appellant claimed enmity with police the Court would look into independent corroboration, which was lacking in present case---Circumstances established that the prosecution had failed to bring home the guilt of accused---Appeal against conviction was allowed, in circumstances.
(c) Criminal trial---
----Benefit of doubt---For giving the benefit of doubt to an accused it is not necessary that there should be many circumstances creating doubt---If there is a circumstance which creates reasonable doubt in a prudent mind about the guilt of the accused, then the accused would be entitled to the benefit of such doubt, not as a matter of grace and concession, but as matter of right; which is based on the maxim, "it is better that ten guilty persons be acquitted rather than one innocent person be convicted."
Tariq Pervez v. The State 1995 SCMR 1345; Ghulam Qadir and 2 others v. The State 2008 SCMR 1221; Muhammad Akram v. The State 2009 SCMR 230; Muhammad Zaman v. The State 2014 SCMR 749 and Muhammad Mansha v. The State 2018 SCMR 772 ref.
Nemo for Appellant.
Ali Haider Saleem, Additional Prosecutor General Sindh for the
State.
Featured Post
Court marriage karne ka tareeka | court marriage process in Pakistan.
What is the Court marriage meaning Court marriage typically refers to a legal union between two individuals that takes place in a co...
-
Inheritance properties distribution What is the new law of inheritance in Pakistan? As o. Here are some key points regarding inheritance ...
-
How to enforce section 144 "Dafa 144" is a term used in Pakistan to refer to Section 144 of the Criminal Procedure Code. When aut...
-
Custody procedure of kids through court PLD 2023 Lahore 433 Constitutional petition against an order passed under S. 12 of the Guardian...