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State vs SHAHID HUSSAIN S — 2021 PCrLJ 1274 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJ 1274 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PCRLJ
Parties
State vs SHAHID HUSSAIN 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

State VS SHAHID HUSSAIN S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.6---Possession of narcotics---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Delay of about five days in sending recovered samples to the Forensic Science Laboratory---Chain of safe custody---Record showed that the occurrence, as per record, took place on 03.08.2017 while the Forensic Science Laboratory Report revealed that the samples were received by the Laboratory after the delay of five days---Moharrir of the concerned police station, in cross examination stated that parcels were handed over to Investigating Officer---Said witness further stated that he did not know as to when the Investigating Officer sent the parcels to the Forensic Science Laboratory---Prosecution had also failed to produce the official, who had taken the samples to the Laboratory, therefore, safe custody of the samples and delay in sending it to the Laboratory, besides lack of the requisite protocol of the test applied, was yet another uncertainty which further made cracks in the prosecution story as the separated, samples ought to have been received by the Forensic Science Laboratory within 72 hours of the seizure as required by R. 4(2) of the Control of Narcotic Substances (Government Analysts) Rules, 2001---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt, thus trial court had rightly acquitted the accused---Appeal against acquittal was dismissed accordingly.

Other judgments reported in 2021 PCRLJ

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