KHAN AFZAL vs State S — 2022 PCrLJN 52 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.

KHAN AFZAL VS State S. 9(c)---Possession of 20 kilograms of charas---Appreciation of evidence---Benefit of doubt---Safe custody---Scope---Prosecution case was that twenty packets of charas, each weighing one kilogram, was recovered from the trailer truck of the accused---Chain of custody remained shrouded in uncertainty as nothing was brought on record to show as to how the case property and samples were kept/handled prior to being sent to the Chemical Examiner---Even the official who supposedly conveyed the samples to the office of the Chemical Examiner was not called upon to depose in that regard---Chemical Examiner's Report to have real probative value, the sanctity of the chain of custody was absolutely imperative---Prosecution had failed to establish the necessary links of the chain so as to demonstrate that after the alleged recovery, the substance so recovered was kept in safe custody and safely transmitted to the office of the Chemical Examiner without being tampered with or replaced while in transit, as was necessary to drive home the charge against the accused---While the samples drawn from each one kilogram packet were stated in the memo of arrest and seizure as well as the depositions of the prosecution witnesses to have been wrapped in white paper and then sealed while the Chemical Examiner's Report showed that each of the white paper packets received to have contained four black brown coloured pieces, each wrapped in plastic---Under the circumstances, said discrepancy cast further doubt in the matter---Appeal against conviction was allowed, in circumstances.

KHAN AFZAL vs State S — 2022 PCrLJN 52 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported