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LOUNG vs State S — 2022 YLRN 116 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 116 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
LOUNG vs State S
Subject matter
Criminal
Provisions referred to
S. 9; S. 161---P; S. 161; Criminal Procedure Code (V of 1898)

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

LOUNG VS State S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4---Criminal Procedure Code (V of 1898), S. 161---Possession of narcotics---Accused was found to be in possession of 1090 grams of charas---Dispatch of sample for tests or analysis---Examination of witnesses by police---Appreciation of evidence---Benefit of doubt---Statements of witnesses not taken down by Investigating Officer---Safe custody---Non-association of private witnesses---Non-examination of sample-bearer---Delay in dispatch of sample to the Chemical Examiner---Effect---Held, police ought to have associated independent person to witness the arrest and recovery, which was not done for no obvious reason---Complainant himself had conducted the investigation but admittedly statements under S.161, Cr.P.C. were recorded by a constable at his dictation---None of the statements contained a note that it was recorded by the constable---Charas was sent to the chemical examiner with a delay of four days for which no explanation was offered---Sample-bearer had delivered the charas with a further delay of three days and he was not even examined by the prosecution---Prosecution was not able to prove safe custody and transmission of charas to the chemical examiner beyond doubt---Appeal against conviction was allowed, in circumstances.

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