MUHAMMAD AMEEN vs State S — 2022 YLR 694 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD AMEEN VS State S. 9(b)--- Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4(2)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Chemical analysis---Delay of four days in sending samples of contraband for analysis---Effect---Prosecution case was that 520 grams of baked charas was recovered from personal possession of the accused---Parcel was sent to the chemical examiner with delay of four days and it was kept at police station hence that the same was not in safe custody---Record showed that the alleged recovery was effected on 23.07.2020 and the parcel was received by the Forensic Science Laboratory on 27.07.2020---Although there was a minor delay in sending the parcel to the Chemical Examiner but the Rules in that respect were directory and not mandatory---Even otherwise there was nothing on record to establish that the said parcel was ever tampered with rather the evidence led by the prosecution established that the parcel received by the said analyst remained intact---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---Report of Forensic Science Laboratory further provided that after conducting a chemical test with complete protocol (description thereof were available in Forensic Science Laboratory Report), the same had been found charas---Circumstances established that the prosecution had successfully proved the guilt of the accused---Appeal against conviction was dismissed accordingly.

MUHAMMAD AMEEN vs State S — 2022 YLR 694 QUETTA-HIGH-COURT-BALOCHISTAN

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