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NAJEEBULLAH vs State S — 2022 YLR 1222 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 YLR 1222 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
YLR
Parties
NAJEEBULLAH 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

NAJEEBULLAH VS State S. 9(c)--- Control of Narcotic Substances (Government Analysts) Rules, 2001, R.6---Possession of narcotics---Appreciation of evidence---Delay of about three days in sending samples of recovered material to the Forensic Science Laboratory---Chain of safe custody---Prosecution case was that five kilograms hashish and a cash of Rs.535,000/- were recovered from the vehicle of the accused persons---Record showed that samples were sent to the office of the Chemical Examiner within seventy two hours of the recovery---Even otherwise, dispatching of sample beyond 72 hours was not a sine qua non---Mere delay in sending the sample to the laboratory was not at all fatal to the prosecution case because Rr. 4 & 5 of the Control of Narcotic Substances (Government Analysts) Rules, 2001,did not place any bar on the Investigating Officer to send the samples beyond 72 hours of seizure or recovery of the contraband---Said provisions in that respect were directory and not mandatory---Nothing was on record to establish that the sample parcel was ever tempered with rather the evidence led by the prosecution established that when the parcel was received by the said agency, remained intact---Circumstances established that the prosecution had proved its case against the accused---Appeal against conviction was dismissed accordingly.

Other judgments reported in 2022 YLR

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