MUKHTIAR ALI vs State S — 2023 PCrLJ 1662 KARACHI-HIGH-COURT-SINDH

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MUKHTIAR ALI VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Safe custody and safe transmission of narcotics to Forensic Laboratory not established---Effect---Prosecution case was that accused was found in possession of 1170 grams of charas---Evidence regarding safe transmission of alleged recovered narcotic to the laboratory for chemical analysis was missing---If safe custody of narcotics and its transmission through safe hands was not established on the record, same could not be used against the accused---Moreover, it was also an established position that the chain of custody or safe custody and safe transmission of narcotics began with seizure of the narcotic by the Law Enforcement Officer, followed by separation of the representative samples of the seized narcotic, storage of the representative samples with the Law Enforcement Agency and then dispatch thereof to the office of the Chemical Examiner for examination and testing---Such chain of custody must be safe and secure---This was because, the Report of Chemical Examiner enjoyed very critical and pivotal importance under Control of Narcotic Substances Act, 1997 and the chain of custody ensured that correct representative samples reached the office of the Chemical Examiner---Any break or gap in the chain of custody i.e. in the safe custody or safe transmission of the narcotic or its representative samples made the report of the Chemical Examiner not reliable to justify conviction of the accused---Prosecution, therefore, had to establish that the chain of custody remained unbroken, safe, secure and indisputable in order to be able to place reliance on the report of the Chemical Examiner---However, the facts of the present case revealed that the chain of custody had been compromised at more than one occasion, therefore, reliance could not be placed on the report of the Chemical Examiner to support conviction of the accused---All such factors suggested the false implication of accused in the case could not be ruled out---Charas was recovered from possession of accused on 08.03.2020 and was kept in Malkhana but it had not been proved that it was a safe transit case---Thus, prosecution had failed to prove that the charas was in safe custody for the said period---Even positive report of the Chemical Examiner would not prove the case of prosecution---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

MUKHTIAR ALI vs State S — 2023 PCrLJ 1662 KARACHI-HIGH-COURT-SINDH

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