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)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4(2)---Possession of 4000 grams opium---Appreciation of evidence---Benefit of doubt---Delay of nine days in sending the sample for analysis---Safe custody---Scope---Prosecution case was that 4000 grams of opium was recovered from the possession of accused---Recovery was allegedly effected and the sample was sent with the delay of about 09 days which was in violation of R. 4(2) of the Control of Narcotic Substances (Government Analysts) Rules, 2001---Such exercise was required to be completed within 72 hours of the recovery and for that purpose even there was no plausible explanation brought on record by the prosecution as to why such inordinate delay was caused in the completion of that exercise by the Investigating Officer---Said fact was fatal to the prosecution case---Prosecution had also not established the safe custody of the remaining recovered property---Prosecution had not produced the entry in respect of keeping the remaining property in the malkhana nor produced malkhana incharge in witness box to prove safe custody of the same, which was produced before the Trial Court and same had created very serious doubt in the case of prosecution---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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