Syed LAL SHAH vs State S — 2021 MLD 922 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 922 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: Syed LAL SHAH 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

Syed LAL SHAH VS State S. 9(c)---Possession of two kilogram of charas---Appreciation of evidence---Benefit of doubt---Delay of about seventy days in sending the sample for analysis---Effect---Prosecution case was that on spy information accused was stopped and on search two packets of baked charas weighing two kilograms were recovered from his Nefa---Investigating Officer deposed that during investigation the alleged samples were sent to Forensic Science Laboratory for analysis---Witness produced Forensic Science Laboratory Report, which revealed that sample were received to Forensic Science Laboratory after seventy days, with the memorandum, however, Investigating Officer stated that he sent the alleged material to Forensic Science Laboratory, meaning thereby that he himself had not dispatched the material to Forensic Science Laboratory---Material was received at Forensic Science Laboratory after more than seventy days without any explanation that during intervening period the alleged material was in whose custody/possession---Circumstances established that the prosecution had failed to prove the case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

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2021 MLD 972 QUETTA-HIGH-COURT-BALOCHISTANALLAH BAKHSH VS State Benefit of doubt---Principle---Conviction must be found on unimpeachable evidence and certainty of guilt---Any doubt a…
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