ASMATULLAH PATHAN vs State S — 2023 PCrLJ 481 KARACHI-HIGH-COURT-SINDH

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ASMATULLAH PATHAN VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Safe custody and transmission of samples of narcotic from police to Chemical Examiner---Scope---Prosecution case was that twenty kilograms of charas was recovered from the secret cavities of the vehicle driven by the accused---Recovery was made and sealed on the spot and then taken back by the police to the Police Station where it remained for two days before being taken for chemical examination in sealed condition---During that two days period there was no evidence as to where the narcotic was kept and whether kept in safe custody or not---Neither was the in-charge of the malkhana examined nor was an entry exhibited to prove that the narcotic had been kept safely in the malkhana during that two days' period or any other witness to prove the safe custody of the narcotic in that respect---When the narcotic was taken to the Chemical Examiner the chemical report stated that it was delivered by a witness, however the receipt from the Chemical Examiner revealed that it was delivered by another person which again created doubts about that aspect of safe custody i.e. from the Police Station to the Chemical Examiner---Circumstances proved that the prosecution had not been able to prove safe custody of the narcotic from the time of its recovery to the time it was sent for chemical examination, meaning that opportunity for such narcotic to be interfered with and/or tampered with could not be ruled out---Chemical report could not be safely relied upon to convict the accused, in circumstances---Only half of the available narcotic was sent for chemical testing with no explanation why the remainder was not sent---Mentioning on the chemical report of the protocols used for testing also seemed to be very cursory---Circumstances established that the prosecution had not proved its case against the accused beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances.

ASMATULLAH PATHAN vs State S — 2023 PCrLJ 481 KARACHI-HIGH-COURT-SINDH

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