State vs JAVED IQBAL S — 2021 YLR 662 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 662 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: State vs JAVED IQBAL 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 JAVED IQBAL S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, Rr. 4 & 5---Possession and trafficking narcotics---Delay in sending samples of contraband for chemical analysis---Effect---Admittedly, recovery of contraband was made on 18.01.2008---Application for sending the samples to Chemical Examiner was drawn and handed over to Police Constable/witness on the same day as admitted by him in his cross-examination---Sample was taken by hand to Forensic Science Laboratory on 23.01.2008---No reason whatsoever was given by the said prosecution witness for retaining the samples with him for a period of five (05) days, therefore, the delay in taking the sample to the laboratory was another important defect in the prosecution case---Nothing on record to show that the samples of charas remained in safe custody during intervening period. (i.e. 18.01.2008 to 23.01.2008), which made Forensic Science Laboratory Report highly doubtful---Any doubt arising in the links of the chain of prosecution story, benefit of the same must go to the accused---Circumstances established that the prosecution had not been able to show that the grounds on which the Trial Court had based acquittal of the present accused were unreasonable, perverse, unsound or manifestly wrong, calling for interference---Appeal against acquittal was dismissed, in circumstances.

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