BASIT ALI vs State S — 2023 PCrLJ 683 KARACHI-HIGH-COURT-SINDH

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BASIT ALI VS State S. 9(c)---Recovery of narcotic substance---Proof---Safe custody chain, breaking of---Effect---Benefit of doubt---Charas weighing 5 kilogram was allegedly recovered from accused--- Trial Court convicted the accused and sentenced him to imprisonment for seven years---Validity---Narcotic drugs were received in the office after a delay of 10 days---Chain of custody or safe custody and safe transmission of narcotics begins with seizure of the narcotic by the law enforcement officer, followed by separation of representative samples of the seized narcotic, storage of the representative samples with law enforcement agency and then dispatch thereof to the office of Chemical Examiner for examination and testing---Such chain of custody was to be safe and secure, as Report of Chemical Examiner enjoyed very critical and pivotal importance under Control of Narcotic Substances Act, 1997---Chain of custody ensured that correct representative samples had reached office of Chemical Examiner---Any break or gap in the chain of custody i.e., in the safe custody or safe transmission of narcotic or its representative samples had made report of Chemical Examiner failed to justify conviction of accused---Prosecution failed to prove that Charas was in safe custody for relevant period---Even positive report of Chemical Examiner would not prove case of prosecution---Not necessary that there should many circumstances creating doubts---If there was a single circumstance, which had created reasonable doubt in a prudent mind about guilt of accused, then the accused was entitled to the benefit, not as a matter of grace and concession but as a matter of right---High Court set aside conviction and sentence awarded by Trial Court and acquitted the accused of the charge---Appeal was allowed in circumstances.

BASIT ALI vs State S — 2023 PCrLJ 683 KARACHI-HIGH-COURT-SINDH

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