PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

ASLAM KHAN vs State S — 2021 PCrLJ 1018 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJ 1018 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PCRLJ
Parties
ASLAM KHAN 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

ASLAM KHAN VS State S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.6---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Delay in sending recovered samples to the Forensic Science Laboratory---Chain of safe custody---Prosecution case was that 18 Kgs. of charas was recovered from the fuel tank of motorcar driven by accused---Record showed that the samples separated from the alleged contraband were received in the Forensic Science Laboratory, after delay of two days, which had not been plausibly explained---Witness, who had taken the samples to the Forensic Science Laboratory, had stated that it was handed over to him by Moharrir of the Police Station but the said Moharrir had not been examined by prosecution in order to explain the delay in sending samples to the Forensic Science Laboratory as well as its safe custody---Even the prosecution had also not produced extract from the relevant Register, which was kept at Police Malkhana for entering therein the recovered and sent contraband---Production of extract from the relevant Register was material so that it could be ascertained that the prosecution version regarding safe custody of the case contraband was corroborated by the relevant record---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2021 PCRLJ

Back to the case-law library · Search Pakistani case law in Urdu or English