ISLAM SHAH vs State S — 2023 MLD 1532 KARACHI-HIGH-COURT-SINDH

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ISLAM SHAH VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Safe custody and safe transmission of the property to the Chemical Examiner not established---Prosecution case was that 72 packets of hashish containing 80 kilograms were recovered from the secret cavities of the vehicle of the accused persons---Investigation Officer deposed that he sent sample parcels to the office of the Chemical Examiner through a clerk, however, he stated that he did not remember name of said clerk---On perusal of the Chemical Examiner's report, it reflected that the property was received through Hawaldar but said Hawaladar was neither examined by the Investigation Officer nor was produced before the Trial Court to certify that he took the property from the Investigation Officer and deposited the same with the Chemical Examiner---Investigation Officer further stated during cross-examination that after receiving the case property he deposited the same in the Malkhana and Malkhana Incharge was Subedar Major however, he did not remember his name---Investigation Officer admitted that he had not produced any entry in respect of depositing the case property in Malkhana---Investigation Officer also admitted that he had not produced any entry in the respect that he received case property from Malkhana Incharge for sending the same to the office of the Chemical Examiner---Prosecution had not examined the Incharge of the Malkhana (Subedar Major) to prove safe custody---Hence, it could easily be said that the prosecution had not proved the safe custody and safe transmission of the property to the Chemical Examiner which rendered the chemical report as worthless---Appeal against conviction was allowed accordingly.

ISLAM SHAH vs State S — 2023 MLD 1532 KARACHI-HIGH-COURT-SINDH

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