Section 9 (c) Definition of Evidence The benefit of doubt, conviction, reduction of charge against the accused was on the Prosecution of the accused to prove that 35 kilograms of hashish was recovered from the possession of the accused. Afterwards, it was the prosecution's duty to keep them in the custody or in safe custody. The prosecution had failed to establish whether the articles related to it were presented to the court and the court was not satisfied that the recovery was done properly, it was properly sealed and kept in proper possession, The accused cannot be held liable for the allegedly recovered article was not recovered, can be recovered, it cannot be said with justice that the confiscation fact can only be established. Through the preparation of the articles, thus recovered and in the absence of articles, no definite opinion could be established beyond doubt to prove the matter, which had not been excluded, the preparation of the article. The benefit of the prosecution cannot be extended to the prosecution and it certainly can go to the prosecution, however, it was able to substantiate the case. In the case of 70 grams of marijuana, which was sent to the occupant for chemical analysis and the report by the Franz Science Laboratory was positive, the recovery of marijuana in this regard proved to be as high as 70 grams and in the circumstances of the entire alleged article. The accused could not be held responsible. The sentence of life imprisonment was amended by one year for RI and a fine of only Rs. 5,000 / -
Related judgments — Quetta High Court Balochistan, 2010
