ZUBAIR KHAN vs State S — 2021 SCMR 492 SUPREME-COURT

Case information

Citation: 2021 SCMR 492 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: ZUBAIR 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

ZUBAIR KHAN VS State S. 9(c)---Possession and transportation of 80 kilograms of charas---Reappraisal of evidence---Safe custody and transmission of samples of the narcotic from the police to the chemical examiner not established---Duplicate forensic report presented---Held, that the prosecution failed to establish the essential link of safe transmission of samples to the office of Chemical Examiner as despite opportunity the relevant official, who had delivered the samples, failed to enter the witness box---Furthermore the prosecution relied on a duplicate forensic report, which was inadmissible in evidence, to confirm narcotic character of the contraband---Supreme Court observed that such appalling inaptitude of the functionaries tasked to prosecute the crime, left no juridical possibility to maintain accused's conviction---Petition for leave to appeal was converted into appeal and allowed and the accused was acquitted of the charge.

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