AKHTAR GUL vs State S — 2022 SCMR 1627 SUPREME-COURT

Case information

Citation: 2022 SCMR 1627 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: AKHTAR GUL vs State S
Subject matter: Civil
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

AKHTAR GUL VS State S. 9(c)---Possession of 50 kilograms of charas---Reappraisal of evidence---Safe custody and safe transmission of samples to the Forensic Science Laboratory not established---Benefit of doubt---Recovery was effected on 16-10-2011, whereas according to the report of Forensic Science Laboratory (FSL), the sample parcels were received there on 21-10-2011 through a constable---Neither the Moharrar who kept the sample parcel in the Malkhana from 16.10.2011 to 21.10.2011 nor the constable was produced by the prosecution to establish the safe custody and safe transmission of the sample parcels to the concerned laboratory---Since safe custody and safe transmission of the samples had not been proved by the prosecution, and as such illegality could not be ignored, it could not be held that the prosecution had succeeded in establishing its case against the accused beyond any reasonable doubt---Jail petition was converted into appeal and allowed, and accused was acquitted of the charge by extending benefit of doubt to him. Head NotesCase Description

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