STATE through Advocate-General, Khyber Pakhtunkhwa, Peshawar vs SAID BAHAR S — 2022 PCrLJ 1560 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PCrLJ 1560 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PCRLJ
Parties: STATE through Advocate-General, Khyber Pakhtunkhwa, Peshawar vs SAID BAHAR 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

STATE through Advocate-General, Khyber Pakhtunkhwa, Peshawar VS SAID BAHAR S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Transportation of narcotics---Report or result of test or analysis---Appreciation of evidence---Benefit of doubt---Contradictory statements---Safe custody---Scope---Accused was alleged to have been transporting 12000 grams charas and 4000 grams heroin---Trial Court acquitted the accused---Occurrence had not taken place in the mode and manner as structured by the prosecution---Moharrir stated that he had handed over samples to a constable for onward transmission to the Forensic Laboratory while the alleged sample-bearer stated that samples were not handed over to him---Even application for sending the samples to the Forensic Laboratory was not drafted---Apart from the safe custody and safe transmission of the samples, the report of Forensic Laboratory did not bear the test protocols that were applied to carry out the tests---Prosecution had not been able to prove its case against the accused beyond any shadow of doubt, thus, accused was rightly acquitted of the charge---Appeal was dismissed. Head NotesCase Description

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