HADI UR REHMAN vs State Ss — 2022 YLR 422 Gilgit-Baltistan Chief Court

Case information

Citation: 2022 YLR 422 Gilgit-Baltistan Chief Court
Year: 2022
Reporter: YLR
Parties: HADI UR REHMAN vs State Ss
Subject matter: Criminal

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

HADI UR REHMAN VS State Ss.9 (c) & 36---Recovery of narcotic substance---Appreciation of evidence---Chemical analysis---Delay in sending samples--- Quantity of narcotics---Determination---Charas (Gardah) weighing 3500 grams was alleged to have been recovered from accused---Trial Court convicted accused and sentenced him to imprisonment for five years---Validity---Four packets of Charas weighing 875 grams each were alleged to have been recovered from possession of accused---Packets were sent to Chemical Examiner after an unexplained delay of about one month and nine days---Chemical Examiner did not state in his report that from total 3500 grams of Charas (Gardah) how much Charas in purified condition could have been extracted---Such lapse on the part of Chemical Examiner could not be ignored lightly and benefit of such doubt was to be given to accused as a matter of right---High Court maintained conviction awarded to accused by Trial Court but sentence was reduced from five years to two years imprisonment---Appeal was dismissed accordingly.

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