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ISHAQ vs State S — 2022 SCMR 1422 SUPREME-COURT

Case information

Citation
2022 SCMR 1422 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
ISHAQ vs State S
Subject matter
Criminal
Provisions referred to
S. 9; S. 9---P

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

ISHAQ VS State S. 9(c)---Possession and transportation of narcotics---Reappraisal of evidence---Benefit of doubt---Vehicle from which the narcotics were recovered was never produced before the court with a lame excuse that the vehicle was burnt but even no part etc. thereof was produced---Ownership of the said vehicle was never ascertained by the prosecution---Neither the safe custody nor the safe transmission of the sealed sample parcels to the concerned laboratory was established by the prosecution because neither the Moharrar nor the Constable concerned who deposited the said parcels in the concerned laboratory was produced---Sample parcels were received in the forensic laboratory three days after the recovery of narcotics and prosecution was silent as to where these sample parcels remained during this period, meaning thereby that the element of tampering was quite apparent in the present case---Appeal was allowed, and accused was acquitted of the charge by giving him benefit of doubt. Head NotesCase Description Citation Name: 2022 SCMR 1422 SUPREME-COURTBookmark this Case ISHAQ VS State S. 9---Possession of narcotics---Prosecution failing to establish safe custody and safe transmission of samples from the police to the Forensic Science Laboratory---In a case containing the said defect on the part of the prosecution it cannot be held with any degree of certainty the prosecution had succeeded in establishing its case against an accused person beyond any reasonable doubt. Head NotesCase Description

Other judgments reported in 2022 SCMR

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