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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

FAROOQ SHAH VS State S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4(2)---Seizure of narcotic---Appreciation of evidence---Benefit of doubt---Chemical analysis---Delay in sending samples of contraband for analysis---Effect---Record showed that the alleged contraband was recovered on 23.9.2014, but the samples of the property were received in the office of Chemical Examiner on 26.9.2014 as was evident from the report of the Chemical Examiner---No explanation had been offered as to whether during the intervening period the contraband articles were placed in safe custody or not which made the same doubtful---Complainant/Investigating Officer in his evidence had stated that he had sent the samples of property to the Chemical Examiner through Excise Constable on the very same day but the same were not received by the Chemical Examiner and were returned back---Investigating Officer, thereafter, himself took the property and handed over to the Chemical Examiner on 26.09.2014---However, the Investigating Officer had failed to furnish any explanation or justification as to why consequent upon return of the samples by the Chemical Examiner on 23.9.2014, he did not take the same again on the same day or atleast on the next day and waited till 26.06.2016---Circumstances established that the prosecution had not succeeded in proving its case against the accused beyond shadow of reasonable doubt---Appeal against conviction was allowed, in circumstances.

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

Case information

Judgment text as reported