2004P3061 (PLP)
N/A
| Citation | 2004P3061 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | N/A |
Q1: What are the key laws and sections cited in 2004P3061 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004P3061 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
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Cite this legal precedent as: 2004P3061 (PLP) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Judgment & Decree
THE STATE- --Respondent J.Cr.A. No.381 of 2004, decided on 25th August, 2004.
S. 9
Prosecution story was that accused was travelling in a bus at the relevant time
Though no evidence was on the file regarding other passengers in the bus, but being a public transport which did not belong to the accused, there must be passengers in the bus
Both Investigating Officer and marginal witness had stated that narcotic was recovered from roof top of the bus and they had also alleged that accused was caught hold of on account of suspicion
Testimony of two witnesses regarding disclosure of accused of ownership of narcotic, was inadmissible in evidence for two reasons; firstly, same was hearsay and secondly statement made by an accused to the police could not be proved, much less an oral statement
Neither the cleaner nor Bus driver had been examined in support of allegation that the bundles from which narcotics were allegedly recovered, were owned by accused
Prosecution having failed to establish that narcotics, so recovered belonged to accused, conviction and sentence awarded to him were set aside and he was acquitted of charge against him. Aftab Khan for Appellant. Muhammad Saud Khan, A.A.-G. for the State. Date of hearing: 25th August, 2004.