ALLAHDAD vs State S — 2022 YLR 2047 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 2047 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: ALLAHDAD 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

ALLAHDAD VS State S. 9(c)---Possession of charas---Appreciation of evidence---Benefit of doubt---Safe transmission of recovered substance from police station to Forensic Science Laboratory for analysis---Scope---Prosecution case was that accused was arrested by the police from a passenger van on being found in possession of 4000 grams charas---Prosecution had failed to prove the safe custody of the recovered charas and its safe transmission to Chemical Examiner---Recovery of charas was allegedly effected on 09.09.2020 and the samples were sent for chemical analysis on 11.09.2020, however, it was not known as to where and in whose possession the alleged samples were kept during intervening period---Investigating Officer had deposed that he handed over the case property to WHC to keep it in safe custody---Said WHC had not been examined by the prosecution, therefore, no evidence was available on record to prove the safe custody of the recovered substance at the police station and its safe transmission from said place to the office of Chemical Examiner---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

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