Law:

Section:

(a) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Art. 3---Evidence, suppression of ---Presumption---Prosecution is duty bound to produce all the evidence available in a case---Withholding of evidence would raise a presumption against the truthfulness of the prosecution case. (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Art. 3---Appraisal of evidence---No evidence was available on the record to show that the sample parcels were kept in the safe custody and were not interfered with during all the time before they were sent to Chemical Examiner's Office---Delay in sending the parcels to the office of Chemical Examiner had raised a doubt about the recovery of any narcotics from the possession of the accused---Accused were acquitted in circumstances. JUDGMENT Muhammad Azam Khan, A.S.I., Police Post Sher Abad and some other police officials had laid a picket on Swabi-Jehangira Road in front of the police post on 7-11-1992 when a car No. IDB -8681 came on that road at 11.00 a.m. which was stopped by the said A.S.I. Wasal Khan and Zaman Khan appellants herein, were sitting on the rear seat of the car while it was being driven by accused Muffariq Shah Driver. Personal search of both the appellants was carried out by the A.S.I. and he recovered two plastic packets each from the trouser folds of both the appellants each containing 250 grams of heroin powder. The said A.S.I. took out one gram each from all the 4 packets as sample and made separate parcels of the recovered heroin and the samples. He also apprehended the appellant and the driver and sent them to Police Station Lahore for registration of the case and investigation. F.I.R. No. 517 was recorded in the said police station on the same day. 2. During investigation by Muhammad Ajmal Khan Sub­-Inspector/S.H.O Police Station Lahore, appellant Zaman Khan disclosed that he had concealed more heroin powder in his house and he led the Investigating Officer there and at his instance 5-1/2 kilograms heroin was recovered from under the maize stalks on the roof top of his house. 3. After investigation all the three accused were sent up for trial before the Sessions Judge, Swabi who charged all…

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