MANO vs State art — 2022 YLR 396 FEDERAL-SHARIAT-COURT

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MANO VS State art. 4---Recovery of liquor---appreciation of evidence---Benefit of doubt---Chemical analysis report---Scope---Prosecution case was that ten litres of liquor was recovered from the possession of accused, however, during interrogation, accused led the police party to his house and produced four jerricans, each containing thirty litres of unprepared wine---allegedly, one pint was taken from recovered contraband intoxicant, measuring 130 litres---Case of prosecution was shrouded in mystery that from which jerrican one pint was taken---Report of Chemical Examiner placed on the record reflected receipt of one white glass bottle with two seals without showing the actual quantity---Chemical Examiner Report further reflected that 100 ml fluid was consumed from bottle in analysis, remaining case property had been returned by mentioning that contents of the bottle contained 25% V/V 43% PS as Ethyl alcohol---Since the exact quantity of sample had also not been shown either by the complainant/Investigation Officer or by the Chemical Examiner nor the pint had been defined in the statute---Chemical Examiner Report did not reflect that to whom the contraband intoxicant containing in the samples was returned and that when the chemical examination of the said intoxicant was conducted by the Chemical Examiner---Not clear that after making the alleged recovery with whom the contraband intoxicant was laying for about six days---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal against conviction was allowed, in circumstances.

MANO vs State art — 2022 YLR 396 FEDERAL-SHARIAT-COURT

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