MUHAMMAD SHOAIB vs State S — 2022 SCMR 1006 SUPREME-COURT

Case information

Citation: 2022 SCMR 1006 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: MUHAMMAD SHOAIB 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

MUHAMMAD SHOAIB VS State S. 9(c)---Possession and transportation of narcotics---Reappraisal of evidence---Safe custody and safe transmission of samples to the Forensic Science Laboratory not established---Benefit of doubt---Police official/witness claimed that the complainant/police official had handed over the sample parcels to him which he further handed over to Moharrar Investigation for safe custody for sending them to Forensic Science Laboratory---Said Moharrar Investigation who allegedly kept the sample parcels in safe custody was never produced by the prosecution---Safe custody of sample parcels was not established by the prosecution---Police constable, who allegedly took the sample parcels to the concerned laboratory was also not produced---In such eventuality, prosecution failed to establish safe custody and safe transmission of the sample parcels to the concerned quarter and the prosecution could not give any plausible explanation for not producing said important witnesses---Said defect in the prosecution case went into the root of the case creating serious doubt regarding the narcotics and its recovery---Petitions for leave to appeal were converted into appeals and allowed, and while extending benefit of doubt to them, the accused persons were acquitted of the charge. Head NotesCase Description

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