MUHAMMAD SHAHBAZ vs State S — 2023 MLD 966 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 966 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: MUHAMMAD SHAHBAZ 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

MUHAMMAD SHAHBAZ VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Safe custody of the recovered substance---Scope---Prosecution case was that fifty eight kilograms heroin powder in ten wooden tables was recovered from the container of the accused---Container was initially de-sealed by the customs authorities, however, when it was noted that the container had been blocked by the Anti-Narcotic Force it was locked and guarded by the Anti-Narcotic Force until the Anti-Narcotics Force raiding party arrived---Narcotics were recovered on the pointation of the accused hidden in the back of the container in ten wooden tables---Narcotics were weighed and sealed on the spot and then deposited in the Malkhana before being taken in a sealed condition for chemical examination as confirmed by the chemical report---No allegation of tampering was made in respect of the narcotics during cross examination and thus it was found that the prosecution had proven safe custody of the recovered narcotic---Chemical report was positive and the relevant protocols for testing were followed---Arrest and recovery was made on the spot on the pointation of the accused by the police whose evidence fully corroborated each other in all material respects as well as the prosecution case---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Appeal against conviction was dismissed accordingly.

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