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JAWAAD ALI vs State S — 2022 PCrLJ 1779 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJ 1779 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PCRLJ
Parties
JAWAAD ALI 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

JAWAAD ALI VS State S. 9(c)--- Possession of narcotics---Appreciation of evidence---Benefit of doubt---Chain of safe custody---Scope---Prosecution case was that 2010 grams charas was recovered from the vehicle of accused and 2110 grams charas was recovered from the vehicle of co-accused---Investigating Officer stated that he received the case property from Sub-Inspector Police (SIP) and sent the same for chemical analysis the next day---Investigating Officer did not place anything on record to show where the recovered charas was kept during that intervening period---Indeed, no malkhana entry was produced, nor was the officer in charge of the malkhana called upon to depose as to safe custody of the charas---First Information Reports were also silent as to the custody of the recovered charas and even the letter shown to have been addressed by the Investigating Officer to the Chemical Examiner was bereft of a reference number, with it also being acknowledged by the Investigating Officer during cross-examination that the accused persons had not been implicated in any other narcotics case---Chain of custody remained shrouded in uncertainty, which was of particular significance as the sanctity of the chain was absolutely imperative for the Chemical Examiner's Report to have any real probative value---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 PCRLJ

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