PHC Overturns Life Sentence, Acquits Man In 12Kg Charas Case Over Major Gaps In Evidence

2025-11-30 02:04:49

(MENAFN- Tribal News Network)

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The Peshawar High Court has overturned the life sentence of a man convicted of smuggling 12 kilograms of charas, acquitting him after finding serious discrepancies in the prosecution's case.

A division bench comprising Chief Justice Syed Muhammad Attique Shah and Justice Ijaz Khan heard the criminal appeal filed by Muhammad Zeeshan, who had been sentenced by the Anti-Narcotics Special Court in Mardan for allegedly transporting narcotics in a vehicle along with two other accused.

Advocate Nouman Muhib Kakakhel, representing the appellant, argued that Zeeshan had no link to the alleged offence and was merely travelling as a passenger in a hired taxi. He stressed that the narcotics were reportedly recovered from a hidden compartment inside the vehicle's fuel tank, an area, he contended, only the driver could have knowledge of.

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The defence maintained that the prosecution's case was marred by contradictions and“miserable gaps.” One key discrepancy highlighted was that police initially stated the apprehended vehicle was a Suzuki Alto, whereas a Suzuki Mehran was later produced before the trial court as case property, raising doubts about the identity of the implicated vehicle.
Advocate Nouman further argued that the case record was entirely silent on how the fuel tank was opened, whether any tools or a mechanic were required, despite this being central to the alleged recovery. He termed it“highly unnatural” that police, despite having no prior intelligence, went directly to the fuel tank, suggesting manipulation in the manner in which the recovery was shown.
After reviewing the arguments and examining the evidence, the bench held that the prosecution had failed to prove the charge beyond reasonable doubt. The court observed that such glaring contradictions entitled the accused to benefit of doubt.
Subsequently, the High Court acquitted Muhammad Zeeshan and set aside the life sentence awarded by the special court.

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