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MUHAMMAD AYAZ vs State S — 2022 YLRN 145 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 145 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MUHAMMAD AYAZ vs State S
Subject matter
Criminal
Provisions referred to
S. 9; S. 27; Narcotic Substances Act

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

MUHAMMAD AYAZ VS State S. 9(c)--- Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Possession of 116 kilograms of charas---Appreciation of evidence---Benefit of doubt---Chain of safe custody---Scope---Prosecution case was that the accused were found sitting in a car from the dickey of which, 116 kilograms of charas was recovered in the shape of slabs---Record reflected that just after completing the process of arrest and recovery, the raiding party directly approached the nearest ANF Police Station, where sufficient facilities for the safe custody of recovered narcotic were available---Prosecution witnesses stated that after recovery, they directly approached the ANF facility and after lodgement of FIR, the accused was locked up and the recovered narcotic was put in the possession of the incharge for keeping safe in the store-room---No reason existed to disbelieve the prosecution witnesses regarding that aspect of the case, as such the requisite formalities regarding the chain of safe custody envisaged under S.27 of the Control of Narcotic Substances Act, 1997, were fulfilled---Apparently, the chain of safe custody of recovered property along with representative samples from the point of recovery to the facility of ANF was fully established---Safe custody of the property and sample continued when they were handed over to the incharge of ANF store-room from where the samples were transmitted to the chemical laboratory and case property was produced safely before the Trial Court at the requisite time---Samples were received at the office of the Chemical Examiner in sealed condition, as such the continuity of chain of safe-custody of the sample from the point of recovery to the ultimate destination of the chemical laboratory was established---Chain of safe-custody was not questioned during the trial and even no question was put to any witness regarding that aspect of the case---Appeal against conviction was allowed to the extent of co-accused, in circumstances---Appeal to the extent of main accused was dismissed accordingly.

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