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2019 SCMR 1102, 2019 SCP 146

State thr. Deputy Attorney General vs Abdul Ali

Citation2019 SCMR 1102, 2019 SCP 146
CourtSupreme Court of Pakistan
Case No.Criminal Appeal No.12-P/2013
Date2019-04-29
Judge(s)Qazi Muhammad Amin Ahmed, Syed Mansoor Ali Shah, Manzoor Ahmad
Resultappeal dismissed

1. Abdul Ali, respondent was returned a guilty verdict by learned Judge, Special Court (CNS), Peshawar; he was indicted for being in possession of seventeen kilograms of opium at an FC check post. The learned Peshawar High Court, however , acquitted him from the charge vide impugned judgment dated 23.1.2007, vires whereof are being challenged by the State.

2. It is argued that there was no occasion for the learned High Court to acquit the respondent in the face of overwhelming evidence, singularly pointed on respondent' s culpability when intercepted with huge quantity of contraband that cannot be conceivably foisted upon him. Forensic evidence confirming the narcotic character of the contraband his next argument is to seek reversal of the impugned judgment.

3. Quantity of contraband notwithstanding, view taken by the learned High Court to acquit the respondent is neither artificial nor perverse inasmuch as discre pancy between the stated date of respondent' s arrest and his remission into police custody for registration of a criminal case sans any plausible explanation. Contradictions in the statements of Mir Badshah Khan, PW-3 and Sabz Ali, PW-4 in the above backdrop cannot be received as trivial and thus it is rightly held that the local police and FC personnel, being out of tune, the charge against the respondent is not free from doubt. Impugned view being a possible rendition warrants no interference. Appeal is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 2 cases

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