PESHAWAR – The Peshawar High Court (PHC) has acquitted a man previously sentenced to life for allegedly smuggling 12 kilograms of charas, ruling that major contradictions in the prosecution’s case rendered the conviction unsustainable.
A division bench comprising Chief Justice Syed Muhammad Attique Shah and Justice Ijaz Khan hears the criminal appeal filed by Muhammad Zeeshan. The Anti-Narcotics Special Court, Mardan, had earlier convicted him for allegedly transporting narcotics in a vehicle along with two other accused.
Advocate Nouman Muhib Kakakhel, representing Zeeshan, argues that his client has no link to the offence and was only a passenger in a hired taxi. He points out that the alleged recovery was made from a secret cavity inside the fuel tank, a place only the driver could reasonably access.
He further highlights serious gaps in the prosecution’s story. Police initially claimed the apprehended vehicle was a Suzuki Alto, yet a Suzuki Mehran was later produced before the trial court as case property, creating doubt about the identity of the vehicle used in the alleged offence.
The counsel also notes that the record is silent on how the fuel tank was opened and whether tools or a mechanic were involved, despite this being central to the recovery. He adds that it is “highly unnatural” for police to say they had no prior intelligence but still went straight to the fuel tank, suggesting possible manipulation.
After hearing arguments and reviewing the entire record, the bench concludes that the prosecution failed to prove its case beyond reasonable doubt. The judges observe that such glaring contradictions must benefit the accused.
Consequently, the High Court acquits Muhammad Zeeshan and sets aside the conviction and life sentence awarded by the special court, marking a significant decision under the Peshawar High Court acquits man in charas case ruling.
