SAIFULLAH vs State S — 2023 PCrLJ 1466 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 1466 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: SAIFULLAH 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

SAIFULLAH VS State S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4---Transportation of narcotics---Appreciation of evidence---Dispatch of sample for test or analysis---Safe custody---Contradictory statements---Accused assailed his conviction on the charge of transporting 08 kilograms of charas---Investigating Officer had not delivered the narcotic substance at the Forensic Laboratory rather he had asserted that the recovered narcotic was sent through docket---Perusal of the report of Forensic Laboratory revealed that the samples were received through Investigating Officer, which fact had negated the statement of the Investigating Officer---Neither the statement of special messenger was recorded nor any witness in this regard was produced who could prove that he delivered the samples of narcotic substance at Forensic Laboratory---No document was available on record which could verify that the samples were sent through insured post, so the mandatory provision of R. 4 of the Control of Narcotic Substances (Government Analysts) Rules, 2001, had been violated---Accused was acquitted, in circumstances.

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