ABDUL NASIR vs State S — 2022 YLR 2117 KARACHI-HIGH-COURT-SINDH

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ABDUL NASIR VS State S. 9(c)---Possession of Narcotics---Appreciation of evidence---Safe custody of charas and its transmission to the laboratory was doubtful---Scope---Prosecution case was that three kilograms charas was recovered from the possession of accused---Record showed that there was no mention in the FIR as to how the alleged charas recovered from the accused was weighed---No customer was found at the place of incident though it was the case of prosecution that accused was openly selling charas over there---Furthermore, as per available record, accused had no previous criminal record and the accused did not make any effort to run away from the place of incident---After recovery of charas from the accused, it was sent to the Chemical Examiner after five days and safe custody of the charas at Malkhana and its safe transit had not been established at trial---No corroboration in the evidence of prosecution witnesses was found---Matter of record was that the charas was recovered from possession of accused and was kept in Malkhana but it had not been proved that it was a safe transit case---Prosecution evidence in respect of accused was without independent corroboration---Prosecution had failed to prove that the charas was in safe custody---Even positive report of the Chemical Examiner would not prove the case of prosecution marred with unexplained delay--- Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal was allowed, in circumstances and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court.

ABDUL NASIR vs State S — 2022 YLR 2117 KARACHI-HIGH-COURT-SINDH

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