SHAH ZAMEEN vs State S — 2022 SCMR 2149 SUPREME-COURT

Case information

Citation: 2022 SCMR 2149 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: SHAH ZAMEEN 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

SHAH ZAMEEN VS State S. 9(c)---Possession of narcotics---Reappraisal of evidence---Safe custody and safe transmission of samples to the Forensic Science Laboratory not established---Possibility of tampering with and fabrication of samples---Benefit of doubt---Although Moharrar appeared in the court and stated that he kept the sample parcels in the Malkhana but he did not mention that to whom he delivered the sample parcels for taking the same to the office of Chemical Examiner--- Prosecution did not produce any witness who could have claimed that he had delivered the sample parcels to the concerned laboratory intact---Report of Chemical Examiner did not disclose the name of the person who had brought the said sample parcels to the said laboratory---Safe transmission of the sample parcels to the concerned laboratory had not been established by the prosecution and the element of tempering with and fabrication (of the samples) could not be excluded---Appeal was allowed, and accused was acquitted of the charge by extending benefit of doubt to him.

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