RASHID ZAMAN vs AFZAL AWAN, SHO POLICE STATION TAKHT-E-NASRATI, DISTRICT KARAK Ss — 2022 MLD 1227 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 1227 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: RASHID ZAMAN vs AFZAL AWAN, SHO POLICE STATION TAKHT-E-NASRATI, DISTRICT KARAK Ss
Subject matter: Criminal
Provisions referred to: Narcotic Substances Act

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

RASHID ZAMAN VS AFZAL AWAN, SHO POLICE STATION TAKHT-E-NASRATI, DISTRICT KARAK Ss.9(c) & 36---Recovery of narcotic substance---Appreciation of evidence---Benefit of doubt---Report of Government Analyst---Scope---Chain of custody of narcotic substance recovered---Charas Garda 14000 grams was allegedly recovered from accused who was convicted by Trial Court and sentenced to imprisonment for life---Validity---Chain of custody was pivotal as entire construction of Control of Narcotic Substances Act, 1997 and Control of Narcotic Substances (Government Analysts), Rules, 2001 rested on report of Government Analyst---Report in turn rested on process of sampling, and its safe and secure custody and transmission to laboratory---Prosecution was to establish that chain of custody was unbroken, unsuspicious, indubitable safe and secure---Any break in chain of custody or lapse in control of possession of sample, cast doubts on safe custody and safe transmission of sample(s) and had impaired and vitiated conclusiveness and reliability of report of Government Analyst---Prosecution failed to prove its case against accused persons beyond reasonable doubt---High Court set aside conviction and sentenced awarded to accused persons by giving them benefit of doubt and acquitted them of the charge---Appeal was allowed, in circumstances. Head NotesCase Description

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