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AURANGZAIB vs State S — 2022 PCrLJ 853 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 PCrLJ 853 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
PCRLJ
Parties
AURANGZAIB 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

AURANGZAIB VS State S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4(2)---Seizure of Narcotic---Appreciation of evidence---Chemical analysis---Delay in sending samples of contraband for analysis---Effect---Prosecution case was that sixty eight kilograms charas was recovered from the secret cavities of the vehicle driven by accused---Samples were sent to the Chemical Examiner with delay of six days and were kept at police station---Dispatching of sample beyond 72 hours was not a sine qua non---Mere delay in sending the sample to the laboratory was not at all fatal to the prosecution case because Rr. 4 & 5 of the Control of Narcotic Substances (Government Analysts) Rules, 2001, did not place any bar on the Investigating Officer to send the samples beyond 72 hours of seizure or recovery of the contraband---Provisions in that respect were directory and not mandatory---Nothing was available on record to establish that the parcels were ever tampered with---Evidence led by the prosecution established that when the parcel was received by the said agency same was intact---Even otherwise on the day of recovery the Investigation Officer handed over the parcel of recovered narcotics to official witness/ASI, who after registering the same in Register No. 19 kept the same in Malkhana in safe custody and handed over the same to other official witness who deposited the same to Forensic Science Laboratory and obtained the report---Circumstances established that the prosecution had successfully proved the guilt of the accused---Appeal against conviction was dismissed accordingly. Head NotesCase Description

Other judgments reported in 2022 PCRLJ

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