USMAN SHAH vs State S — 2022 YLR 821 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 821 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: USMAN SHAH 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

USMAN SHAH VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Delay in sending the sample for analysis---Scope---Eight kilograms of charas was allegedly recovered from the motorcar driven by accused---Record revealed that the contraband was recovered on 09.05.2015 whereas the samples were received in Forensic Science Laboratory on 12.05.2015---Prosecution could not offer any plausible explanation for such delay---Prosecution had not only failed to establish the safe custody of the case property but also failed to prove the safe transmission of the samples to Forensic Science Laboratory---Where safe custody of the recovered substance or safe transmission of samples of the recovered substance was not proved by the prosecution through independent evidence, it could be concluded that the prosecution had not succeeded in establishing its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

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