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NORAB KHAN vs State S — 2022 PCrLJ 402 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PCrLJ 402 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PCRLJ
Parties
NORAB 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

NORAB KHAN VS State S. 9(d)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Delay of about twenty seven days in sending the sample for analysis---Effect---Allegation against the accused was that 5000 grams of charas were recovered from the motorcycle which was being driven by the accused---Occurrence had taken place on 22.07.2020 while as per statement of Moharrir the samples were handed over to Head Constable for onward transmission to the Forensic Science Laboratory on 27.07.2020, whereas the samples were received in the Forensic Science Laboratory on 19.08.2020 with a considerable delay of twenty seven days---Prosecution could not offer any plausible explanation for such delay---Samples of contraband were allegedly taken to the Forensic Science Laboratory by a Constable but the said constable was not examined by the prosecution in court to authenticate the delivery and safe transit of samples to the Forensic Science Laboratory---Record was silent about the safe custody of the contraband in the Police Station---In case of any doubt in the safe custody of the sample during its transportation from the place of recovery till it reached in the hands of experts, the same would vitiate the entire prosecution case---Circumstances established that the prosecution evidence was discrepant, contradictory and could not be considered sufficient for basing conviction of the accused---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

Other judgments reported in 2022 PCRLJ

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