State vs IMRAN S — 2021 YLR 1120 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 1120 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: State vs IMRAN 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 IMRAN S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4(2)---Seizure of narcotic---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Chemical analysis---Delay in sending samples of contraband for analysis---Effect---Record showed that the test samples were received by the laboratory after a considerable delay of 10-days---Investigating Officer was questioned time and again regarding the remaining case property and its safe custody, who initially stated that he did not know that where the same was lying but later on stated that it was lying in the custody of the Moharrir of the concerned Police Station---Admittedly neither the statement of the Moharrir was recorded nor an abstract from Register No.19 was collected and placed on the record---Circumstances suggested that dispatch of the test samples from the Police Station to the Forensic Sciences Laboratory had not been established in the way and in the manner as was commanded by the law---Forensic Science Laboratory Report so collected, therefore, could not be accepted and relied upon---Prosecution failed to prove its case against the accused, in circumstances---Appeal against acquittal was dismissed accordingly.

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