Law:

Section:

(a) Prohibition (Enforcement of Hadd) Order (4 of 1979)--Art.4---Constitution of Pakistan (1973), Art.203-F(2-B)---Leave to appeal was granted to consider the contentions that the heroin was sent to the laboratory after 21 days of its recovery from the accused without any explanation for the inordinate delay and that material contradiction in the prosecution evidence which had falsified the prosecution case had been ignored by the Courts below on the ground that such contradiction appeared to be gratuitous admission on the part of the witnesses. (b) Prohibition (Enforcement of Hadd) Order.(4 of 1979)--- ----Art.4---Appreciation of evidence---Police witnesses---No doubt in absence of any mala fides or motive for false charge reliance can be placed on the statements of official witnesses but when recovery of the substance by itself is the main offence the statements of such police witnesses needed to be properly appraised and minutely scrutinized and the benefit of doubt, if any, arising from the reading of their statements should be extended to the accused. ---[Witness]. (c) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Art.4---Appraisal of evidence---Observation of the Courts below that the contradiction pointed out in the statements of the two police witnesses was gratuitous in order to help the accused, was damaging for the prosecution case because it had not only adversely reflected on their credibility but had created doubt in the prosecution version of the occurrence and it was unsafe to base reliance on their statements in the absence of any other independent corroborative evidence---Contradictions in the statements of the recovery of witnesses with regard to the place of apprehension of accused and the weighing and preparation of the parcels of the recovered substance, were material and to some extent in line with the statement of the accused---Considerable delay in sending the sample parcel to the Chemical Examiner had not been explained by the prosecution in evidence---Accused was acquitted on benefit of doubt in circumstances. Muhammad Waris Khan, Advocate Supreme Court for Appellant. Khalid Khan, Advocate Supreme Court for the State.…

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