ALI BAKHSH vs State S — 2021 MLD 1168 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 1168 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: ALI BAKHSH vs State S
Subject matter: Criminal
Provisions referred to: S. 9

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ALI BAKHSH VS State S.9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, Rr.4 & 5---Possession of forty kilograms of charas---Appreciation of evidence---Delay in sending samples of contraband for chemical analysis---Effect---In the present case, alleged recovery was effected on 09.11.2019, whereas the sample parcel was sent to the Chemical Examiner on 11.12.2019---However, the delay was explained by the Investigating Officer and he stated in his statement that on 10.11.2019 he wrote a letter to the high-ups of the police department for permission for sending the case property to Chemical Examiner's report, meaning thereby that the Investigating Officer had taken the initiative on the very next day of recovery from the accused for depositing the case property to the office of the Chemical Examiner---Even otherwise, there was nothing on record to establish that the said parcel was even tampered with, instead the evidence led by the prosecution established that the parcel received by the agency remained intact---Circumstances established that prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances.

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