FAROOQ SHAH vs State Ss — 2022 PCrLJN 116 KARACHI-HIGH-COURT-SINDH

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FAROOQ SHAH VS State Ss. 9(c)--- Possession of narcotics---Appreciation of evidence---Benefit of doubt---Prosecution case was that 100 bags of dodi sawdust, on weighing, each bag was found to be 30 kilograms, total 3000 kilograms in 100 bags, were recovered from the truck of the accused---Ten grams of dodi sawdust was separated from each bag for sample---Chemical Examiner, on the basis of whose report the alleged contraband was claimed by the prosecution to be narcotic, had not been examined---Report of the Chemical Examiner was produced through the evidence of Investigating Officer, who was also complainant of the case---Report of the Chemical Examiner was silent in respect of the fact as to how much quality of liquor, whether Alkaloids or Morphine, was available in the powder---Besides, even according to chemical report the alleged contraband was a dried powder---No explanation was available in the report as to how the dried powder contained any liquidity of Alkaloids or Morphine---In absence of such fact in the Chemical Examiner's report, it could not safely be declared that the said powder was a narcotic substance, thus falling under the definition of the Control of Narcotic Substance Act, 1997---Circumstances established that prosecution did not seem to have proved the allegations against the accused/appellant by producing unimpeachable evidence---Appeal against conviction was allowed, in circumstances.

FAROOQ SHAH vs State Ss — 2022 PCrLJN 116 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported