SHER AFZAL vs State S — 2022 MLD 1529 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 1529 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: SHER AFZAL 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

SHER AFZAL VS State S.9(c)---Possession of narcotics---Safe custody---Non-production of Moharrir (record-keeper)---Non-production of sample-bearer---Contradictory statements---Scope---Accused was alleged to have been found in possession of 1068, 955 and 977 grams of charas---Case record showed that the very chain of events starting from the crime spot to police station regarding the dispatch and safe custody in the police malkhana of representative samples was not proved which deficiency had dented the prosecution case---Case murasila was handed over to a constable wherein there was no mention that the case property and the representative samples were delivered to him for their handing over to Moharrir of police station---Likewise, Moharrir of the police station was not produced as witness to depose that he had kept the representative samples in safe custody before they were dispatched to Forensic Laboratory---Official who had taken the samples to Forensic Laboratory for their chemical analysis had not appeared for the prosecution as its witness---Safe custody of the case property and the representative samples was not proved by the prosecution---Besides there were other contradictions in the statement of prosecution witnesses which were not taken into consideration by the Trial Court---Prosecution had not proved its case against the accused through any cogent and reliable evidence---Appeal was allowed, the conviction and sentence recorded by the Trial Court was set aside, in circumstances. Head NotesCase Description

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