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Mst. SHAHZADI vs State S — 2022 PCrLJN 102 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 102 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
Mst. SHAHZADI 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

Mst. SHAHZADI VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Non-association of private witnesses---Delay in sending samples to the Chemical Examiner---Non-production of sample-bearer---Effect--- Accused was alleged to have been found in possession of 2000 grams of charas---Charas was recovered from a road side, which was a busy place and at that place private and independent persons could have been arranged to witness the recovery---Sample was received in the office of Chemical Examiner with a delay of four days---Date of transmitting the sample was not mentioned in the report of Chemical Examiner---Official who had taken the sample to the examiner should have been produced before the Trial Court to clarify that the case property remained in safe custody during the period of 4 days---High Court observed that series of circumstances created doubts in the prosecution case and held that the findings and conclusions reached at by the Trial Court were not sustainable---Appeal was allowed, in circumstances.

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