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SHER ZADA versus THE STATE


Prohibited Order 1979 Article Article Q Law in evidence (10 of 1984), Article Ev38 Evidence, Definition of co-accused, driver of vehicle from which drug was recovered, who has control and against whom The idea may be raised that he was aware of the contents of the mapped material, the offender was simply convicted because the intoxicant was found hiding under his occupied seat. It was alleged that his ownership was denied. The fact that the narcotics were recovered from underneath the occupied seat of the accused was not sufficient to prove the crime. Unless it was shown that the material was of the accused and he was conscious of it, the policeman's confession was an unacceptable question as to which of the two suspects was related to the drug and to the alleged co-accused. The link was terminated because of any link. According to the circumstances, the conviction of the accused was not stable

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