FAYAZ vs State S — 2022 MLD 1452 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 1452 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: FAYAZ 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

FAYAZ VS State S.9(c)---Possession of narcotics---Appreciation of evidence---Safe custody---Scope---Prosecution case was that twenty seven kilograms Charas was recovered from the luggage of accused persons while they were travelling through a bus---In the present case, there was no evidence that after the recovery of bags containing chars, the same were kept in Malkhana of Police Station Anti Narcotic Force---No incharge/Head Moharer of said Police Station had been examined before the Trial Court---Charas was sent to the Chemical Examiner through Police Constable who had not been examined by the Trial Court which clearly showed that safe transit to the Chemical Examiner had also not been established and the tampering with case property at Police Station, Anti Narcotic Force, could not be ruled out---Apart from that Chemical Examiner failed to prepare the report as per protocol provided in the rules---Report of Chemical Examiner though positive was deficient in the eyes of law---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal was allowed, in circumstances.

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