AYAZ alias COTTON SHAH vs State S — 2022 MLD 150 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 150 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: AYAZ alias COTTON SHAH 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

AYAZ alias COTTON SHAH VS State S.9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Search to be made in presence of witnesses---Delay in sending sample to Chemical Examiner---Safe custody---Malkhana entry---Scope---Accused was convicted for having been found in possession of 1050 grams of charas---Place of receiving of spy information and that of incident were thickly populated areas, therefore, availability of independent persons could not be ruled out but the police party had not associated any independent person from such places to witness the event---Unexplained delay of two days in between the recovery of charas and receiving the same in the office of chemical analyzer for testing---No evidence was available on record to show that the charas was kept in safe custody from the time of its recovery until it was sent to and received in the office of Chemical Examiner---Mere production of entry of malkhana was not sufficient to testify as to safe custody and safe transit of the narcotic to the Chemical Examiner---Prosecution had failed to prove its case against the accused beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances.

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