ABDUL MAJEED vs State S — 2023 PCrLJ 331 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 331 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: ABDUL MAJEED 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

ABDUL MAJEED VS State S. 9(c)---Possession of 4000 grams of opium---Appreciation of evidence---Benefit of doubt---Prosecution case was that 4000 grams of opium was recovered from the possession of accused---Record showed that not a single word was found in the evidence of prosecution witnesses as to when and through whom the sample for chemical examination and report was sent, however, Investigating Officer in his examination-in-chief only deposed that he sent the property for chemical examination---Chemical Examiner's Report spoke that parcel was received at laboratory with memorandum from SHO through Head Constable---Prosecution had not examined the said important witness/Head Constable who brought the sample at laboratory which cut the chain of evidence to prove the case against the accused---Prosecution had not proved the safe transmission of the property to the Chemical Examiner, which created serious doubt in its case---Circumstances established that the prosecution had failed to prove its case beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances.

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