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Petitioner: Supreme Court of Pakistani THE STATE VS Respondent: SAKHI DOST JAN
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Abdul Qadeer Chaudhry, Shafi-ur-Rehman Title: Supreme Court of Pakistani THE STATE vs SAKHI DOST JAN Case No.: Criminal Appeal No, 184 of 1991 Date of Judgment:1992-05-06 Reported As: 1992 SCMR 1752 Result: Appeal dismissed
JUDGMENT
JUDGMENT ' ABDUL QADEER CHAUDHRY, J.--- This appeal by leave of the Court is directed against the order of the High Court, dated 21-4-1991 whereby the respondent Sakhi Dost Jan was admitted to bail. 2. The facts of the case are that a report of the incident was lodged on 6-1-1991. The recovery of contraband article was made from 24th to 26th December, 1990. According to this report, huge quantity of Narcotic was recovered. After the investigation, the challan has been submitted. 3. The recovery had been effected from a garden of dates-trees. The exclusive possession of the respondent has not been shown. The area had been thoroughly searched on 11-10-1990 therefore the prosecution has to establish the recovery in the present case through reliable evidence. A discretion has been exercised by the High Court which is not arbitrary in the facts and circumstances of the case. We, therefore, dismiss the appeal. 4. Any observation on merits of the case is not binding on the trial Court.