MUHAMMAD AYUB vs State Ss — 2023 PCrLJ 1501 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 1501 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: MUHAMMAD AYUB vs State Ss
Subject matter: Criminal
Provisions referred to: S. 27

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 AYUB VS State Ss. 9(c) & 27---Possession of narcotics---Appreciation of evidence---Safe custody---Scope---Prosecution case was that 564 kilograms of charas was recovered from the truck driven by the accused---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 narcotics were available---Accused was locked up after lodgement of FIR and the recovered narcotics were put in the possession of the incharge for keeping safely in the store room---In such a situation, the requirement of S. 27 of the Act was fulfilled, hence, the chain of safe custody from the point of recovery to the facility of ANF was established, which continued during transmission from the ANF store-room to the Chemico-Laboratory where it was received by the officials of the laboratory---Report of Chemical Analyzer showed that the property was received in sealed condition from the same official of the ANF by whom it was transmitted, meaning thereby that the recovered narcotics remained out of harm way from the point of recovery to the laboratory---Chain of safe custody in circumstances remained intact, as such there appeared to be no room for suspicion regarding the report of Chemical Examiner, which was positive---Circumstances established that the impugned judgment was based upon proper contemplation and deliberation of the evidence recorded during trial---Appeal was dismissed accordingly.

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