SULEMAN KHAN vs State -S — 2022 MLD 937 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 937 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: SULEMAN KHAN 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

SULEMAN KHAN VS State -S.9(c)---Transportation of narcotics---Appreciation of evidence---Delay in sending samples to Forensic Laboratory---Non-production of eye-witness---Effect---Scope---Accused was alleged to have been apprehended while transporting eighty four kilograms of charas---Samples recovered were received at the Forensic Laboratory for their chemical examination after a delay of six days for which no reasonable explanation was given---No material was available on record to show that in whose custody the samples had remained during those six days---Besides, in the Register XIX, there was no entry in the relevant column that the representative samples were deposited in the police malkhana---Constable who had taken the case murasila from the spot to the police station, who was also a witness to the occurrence, was not produced by the prosecution---Prosecution in order to bring home guilt to an accused had to establish its case through reliable and trustworthy evidence, which prosecution failed to do---Appeal against conviction was allowed, in circumstances. Head Notes

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