MUHAMMAD YOUNIS vs State S — 2022 PCrLJN 30 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD YOUNIS VS State S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, Rr. 5 & 6---Possession and trafficking of narcotics---Appreciation of evidence---Benefit of doubt--- Delay in sending the sample to the Analyst---Scope---Report of Government Analyst---Prosecution case was that 3006 grams of Charas was recovered from the accused---Report of Government Analyst could not qualify the term of conclusive proof of alleged recovered article as narcotic---Seal parcel number column was vacant in the report as well as in column of letter number crime number was shown, date was not given---Sample was sent with delay of three days---Prosecution had not succeeded in establishing safe transmit after three days by detailing safe custody thereof during such period---Legally the defective Chemical Report coupled with failure to establish safe transmit of sample/property was sufficient to record acquittal, however, the record also showed that prosecution case was that they caused raid at a gambling party which was a house and recovered a suspected shopper which was lying adjacent to the accused hence constructive possession was lacking in the case as well as prosecution had failed to substantiate that the place was owned by the accused---Prosecution case was not free from doubt---Appeal against conviction was allowed.

MUHAMMAD YOUNIS vs State S — 2022 PCrLJN 30 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported