Citation Name: 2023 PCrLJ 1806 LAHORE-HIGH-COURT-LAHOREBookmark this Case AZIZ KHAN vs State S

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Citation Name: 2023 PCrLJ 1806 LAHORE-HIGH-COURT-LAHOREBookmark this Case AZIZ KHAN VS State S. 9(c)---High Court (Lahore) Rules and Orders, Vol. III, Chapt. 24, Part-B, R. 14-H---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Report of Forensic Science Laboratory not exhibited---Effect---Prosecution case was that four packets of charas weighing 10 kilograms and 200 grams was recovered from the car of the accused---Perusal of the record available on the file reflected that on 22.01.2019, Moharrar handed over sample parcels to the complainant for its submission to the office of Forensic Science Agency, which were deposited there on 23.01.2019---Report of Forensic Science Agency, in that regard, was prepared on 15.02.2019---Though, said report had been annexed with the record of the Trial Court, however, it was not exhibited during the course of trial---Statement of prosecutor dated 17.05.2019 was made before the Court without oath wherein it was incorporated that report of Forensic Science Agency was tendered in evidence---However, original report of Forensic Science Agency available with the record of the Trial Court reflected that it was never exhibited---Exhibit meant a document exhibited for the purpose of being taken into consideration in deciding some question or other in respect of the proceeding in which it was filed---Rule 14-H, Part-B, Chapter-24, Volume III of the High Court (Lahore) Rules and Orders provided a self-explanatory procedure for exhibiting a document to be read in evidence, which had been blatantly overlooked in the present case by the Trial Court---In the present case, undeniably, the report of Forensic Science Agency could not be exhibited during the course of trial, therefore the same could not be taken into consideration to maintain conviction of the accused---When no report of Forensic Science Agency could be exhibited during the course of trial to be read in evidence, recovery of entire narcotic substance allegedly recovered from the accused became inconsequential, thus, prosecution case fell to the ground---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed accordingly. Citation Name: 2023 PCrLJ 1806 LAHORE-HIGH-COURT-LAHOREBookmark this Case AZIZ KHAN VS State Benefit of doubt---Principle---a single circumstance creating reasonable doubt, will be sufficient to smash the veracity of prosecution case and is enough to extend the benefit of doubt in favour of the accused, not as a matter of grace or concession but as of right.

Citation Name: 2023 PCrLJ 1806 LAHORE-HIGH-COURT-LAHOREBookmark this Case AZIZ KHAN vs State S — 2023 PCrLJ 1806 LAHORE-HIGH-COURT-LAHORE

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