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MUHAMMAD ASGHAR vs State S — 2022 MLD 1941 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 MLD 1941 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
MLD
Parties
MUHAMMAD ASGHAR 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

MUHAMMAD ASGHAR VS State S.9(c)---Possession of ten kilograms of charas---Appreciation of evidence---Chain of safe custody---Scope---Prosecution case was that ten packets of charas, each weighing one kilogram, was recovered from the possession of the accused---Chain of custody of narcotic remained shrouded in uncertainty as nothing was brought on record to demonstrate as to where the case property was kept prior to being sent for analysis---Neither the officer in charge of the Malkhana nor the official who supposedly conveyed the samples to the office of the Chemical Examiner were called upon to depose---Indeed, while complainant said that he sealed the case property and handed over the same to Investigating Officer, but went on to say that he himself took the case property to the chemical laboratory---Investigating Officer said that it was he who sent the property to the Chemical Examiner, whereas the Chemical Examiner's report reflected that the property had been received from SHO through Police Constable, who was never examined as witness---While Chemical Examiner's report had real probative value, the sanctity of the chain of custody was absolutely imperative---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 MLD

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