SAID WAZIR vs State S — 2023 SCMR 1144 SUPREME-COURT

Case information

Citation: 2023 SCMR 1144 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: SAID WAZIR 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

SAID WAZIR VS State S. 9(c)---Possession of narcotics---Reappraisal of evidence---Safe custody and safe transmission of samples to the Forensic Science Laboratory not established---Benefit of doubt---Recovery was effected on 09-06-2016 whereas sample parcels were received in the office of chemical examiner on 13-06-2016 without any plausible explanation as to where the samples remained during such period---Safe custody and safe transmission of the sealed sample parcels had also not been established by the prosecution as Moharrar, who kept the sample parcel in the Malkhana and the concerned Constable, who delivered the same parcel to the office of Forensic Science Laboratory were not produced by the prosecution---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 persons beyond any reasonable doubt---Prosecution even failed to prove the ownership of the vehicle---Appeal was allowed, and accused persons were acquitted of the charge by extending benefit of doubt to them.

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