LAL JAN vs State S — 2023 SCMR 1009 SUPREME-COURT

Case information

Citation: 2023 SCMR 1009 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: LAL JAN 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

LAL JAN VS State S. 9(c)---Possession of narcotics---Reappraisal of evidence---Safe transmission of samples to the Forensic Science Laboratory not established---Effect---Benefit of doubt---In the present case recovery was effected on 3.7.2015 whereas the sample parcels were received in the office of Forensic Science Laboratory on 15.7.2015 through a police constable, but the said constable was never produced by the prosecution to establish the safe transmission of the sample parcels to the concerned laboratory and there was no explanation as to why such evidence was withheld---Due to such defect on the part of the prosecution it could not be held with any degree of certainty that the prosecution had succeeded in establishing its case against the accused person beyond any reasonable doubt---Petition for leave to appeal was converted into appeal and allowed, and accused was acquitted of the charge by giving him benefit of doubt.

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