ABDUL GHANI vs State S — 2022 SCMR 2121 SUPREME-COURT

Case information

Citation: 2022 SCMR 2121 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: ABDUL GHANI 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

ABDUL GHANI VS State S. 9(c)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Possession of narcotics---Reappraisal of evidence---Safe custody and safe transmission of samples to the Forensic Science Laboratory not established---Benefit of doubt---According to the report of Chemical Examiner the sample parcels were delivered there by a Head Constable but the said Head Constable was not produced by the prosecution during the trial---Prosecution could not explain as to why the said Head Constable was not produced to confirm the safe transmission of the sample parcels to the office of Chemical Examiner so an adverse presumption under Article 129(g) of the Qanun-e-Shahadat, 1984 could be drawn against the Head Constable that he was not supporting the prosecution case---Non-production of the said Head Constable indicated that safe transmission had also not been established by the prosecution---Due to 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 person beyond any reasonable doubt---Besides record indicated that four persons were sitting in the truck and out of them three succeeded in running away whereas the accused was the only one arrested---Record was silent as to who among those four was driving the vehicle---Appeal was allowed, and accused was acquitted of the charge by extending benefit of doubt to him.

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