ASAD vs State S — 2021 YLR 254 PESHAWAR-HIGH-COURT

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ASAD VS State S. 9(c)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Police Rules, 1934, R. 22.70---Transportation of narcotics---Withholding best evidence---Appreciation of evidence---Benefit of doubt---Contradictory evidence---Safe custody---Non-production of sample-bearer---Non-production of vehicle---Store room register, non-production of---Delay in sending samples to the Forensic Laboratory---Effect---Accused was alleged to have been apprehended during transportation of 28 kilograms of narcotics---Scribe of the FIR, who had affirmed receipt of murasila, had negated the stance of Investigating Officer regarding transmission of murasila along with case property---Complainant had stated that the contraband was handed over to the Moharrir for onward submission to the Forensic Laboratory, but Moharrir was not produced before the court---Constable who had taken the samples to the Forensic Laboratory was not examined during the trial---Second marginal witness to the recovery memo. was not examined for unknown reasons---Said important witnesses, being associated with the recovered contraband at the relevant time, were not produced before the Trial Court, therefore, adverse inference under Art. 129(g) of Qanun-e-Shahadat, 1984 could be drawn that had the witnesses entered into the witness box, they would not have supported the prosecution case---No record or any assertion was available on record to suggest that the samples and the case property were ever kept in malkhana---Samples were received in Forensic Laboratory with a considerable delay of about three days from an unnamed official---Vehicle from which the alleged recovery was effected was not produced before the court---High Court, while extending benefit of doubt to the accused, allowed his appeal.

ASAD vs State S — 2021 YLR 254 PESHAWAR-HIGH-COURT

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