GHULAM NABI alias NABOO alias NABI BUX vs State S — 2023 MLD 1831 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 1831 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: GHULAM NABI alias NABOO alias NABI BUX 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

GHULAM NABI alias NABOO alias NABI BUX VS State S. 9(c)--- Recovery of narcotic substance--- Appreciation of evidence---Chain of custody, breaking of---Delay in sending samples---Effect---Charas weighing 2050 grams was allegedly recovered form accused---Trial Court convicted the accused and sentenced him to imprisonment for 5-1/2 years---Validity---Contraband material was dispatched to laboratory two days after its recovery but no explanation whatsoever was furnished by prosecution that where material was kept for the intervening period---Such fact led to adverse inference against prosecution about safe custody of Charas---All three improbabilities rendered entire claim of police party doubtful---When chain of custody was broken, report of chemical examiner had lost its sanctity and could not be relied upon safely to convict accused---Accused person is presumed to be innocent unless and unless he is proved guilty beyond reasonable doubt---Such presumption of innocence continues until prosecution has succeeded in proving charge against accused beyond reasonable doubt on the basis of legally admissible, confidence-inspiring, trustworthy and reliable evidence---High Court set aside conviction and sentence awarded to accused as prosecution failed to establish guilt against him beyond shadow of doubt and he was acquitted of the charge---Appeal was allowed, in circumstances.

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