FAHAD vs State S — 2022 PCrLJ 279 KARACHI-HIGH-COURT-SINDH

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FAHAD VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Non-association of independent witnesses---Delay in sending samples to Chemical Examiner---Complainant acting as Investigating Officer---Contradictory statements---Effect---Accused was convicted for having been found in possession of 3400 grams of charas---Complainant despite having advance information and the place of recovery being a thickly populated area had not bothered to pick/associate any independent mashir---No evidence was available on record to show that the charas was kept in safe custody from the time of its recovery until it was sent to and received in the office of Chemical Examiner, which was with an unexplained delay of 06 days---Incharge of Malkhana was not examined by the prosecution---Complainant had not only lodged the FIR but had also conducted investigation of the case himself as well as he himself had taken the case property for Chemical Examination---Propriety demanded that the case must have been investigated by an independent officer but not by the complainant himself---Prosecution witnesses in their evidence had stated that alleged narcotic substance was wrapped in a black colour shopper and it was sealed in a white colour cloth whereas Chemical Examiner's report showed that it was only wrapped in black colour shopper---Two seals were affixed on the parcel, as per prosecution witnesses, whereas Chemical Examiner's report revealed that it was having three seals/stamps---Chemical Examiner's report was silent about letter as well as the date under which the sealed parcel was sent for report---Prosecution had failed to prove its case against the accused--- Appeal against conviction was allowed, in circumstances.

FAHAD vs State S — 2022 PCrLJ 279 KARACHI-HIGH-COURT-SINDH

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