MUHAMMAD AKHTAR vs State S — 2022 PCrLJ 1233 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD AKHTAR VS State S. 9(c)--- Possession of narcotics--- Appreciation of evidence---Benefit of doubt---Safe custody and transmission of samples of the narcotic from the police to the Chemical Examiner was not established---Effect---Prosecution case was that twenty five bags of bhang weighing one maund each was recovered from the possession of the accused persons---Statement of Moharir clearly revealed that he only received twenty five sealed parcels of samples which he statedly transmitted to the office of Forensic Science Agency and never received remaining case property---Case property was neither received by Moharir nor kept by him in safe custody---Report of Forensic Science Agency itself got exhibited by the prosecution, did not reflect that said parcels of samples were sent back from the Forensic Science Agency, yet same had been produced in the court---Said parcels of samples were never deposited in the office of Forensic Science Agency---Safe custody of parcels of samples from point/date of recovery to its receipt in Forensic Science Agency had not been proved, in circumstances---Safe custody of case property from recovery to its production in the court had not been proved---Proving unbroken chain of safe custody of case property and parcel of sample was necessary for conviction in narcotics case, because recovery in such cases was not mere corroboratory piece of evidence rather it constituted the charge and entailed punishment---If said unbroken chain of safe custody had not been proved, then it was fatal for the case of prosecution---Circumstances established that the prosecution had been failed to prove its case against the accused---Appeal was allowed and accused were acquitted by setting aside conviction and sentences recorded by the Trial Court, in circumstances.

MUHAMMAD AKHTAR vs State S — 2022 PCrLJ 1233 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2022 PCRLJ