MOMIN KHAN alias MOMINAY vs State S — 2022 MLD 1992 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 1992 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: MOMIN KHAN alias MOMINAY 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

MOMIN KHAN alias MOMINAY VS State S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Possession of narcotics---Report of result of test or analysis---Appreciation of evidence---Benefit of doubt---Contradictory statements---Safe custody---Scope---Accused was alleged to have been found in possession of 4000 grams of charas---No malice or mala fide was apparent on the part of prosecution witnesses to falsely implicate the accused but the way they had contradicted each other was suggestive of the fact that either one or the other was not present on the spot at the relevant time and the occurrence had not taken place in the mode and manner as furnished by the prosecution---Report of Forensic Laboratory was in positive but the same was not reliable for the reason that neither the chain of sending the representative samples to Moharrir from the spot was established nor the report of Forensic Laboratory carried requisite protocols---Appeal was allowed, conviction and sentences recorded by the Trial Court were set aside. Head NotesCase Description

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