SUBHANULLAH vs State S — 2022 SCMR 1052 SUPREME-COURT

Case information

Citation: 2022 SCMR 1052 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: SUBHANULLAH 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

SUBHANULLAH 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---Prosecution had failed to establish the safe custody of sample parcels in the Malkhana as the Moharar Malknana was not produced---Police official who allegedly transmitted the sample parcels to the concerned laboratory, was also not produced, hence prosecution failed to prove safe transmission of sample parcel to concerned laboratory---No explanation was provided for withholding such important piece of evidence---In view of such defect on the part of the prosecution it could not be held with any degree of certainty that the prosecution had succeeded in establishing its case against the accused beyond any reasonable doubt---Petition for leave to appeal was converted into appeal and allowed, and while extending benefit of doubt, the accused was acquitted of the charge. Head NotesCase Description

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