JAVED IQBAL vs State S — 2023 SCMR 139 SUPREME-COURT

Case information

Citation: 2023 SCMR 139 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: JAVED IQBAL 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

JAVED IQBAL VS State S. 9(c)---Possession of narcotic---Reappraisal of evidence---Benefit of doubt---Safe custody and transmission of sample parcels to the office of Chemical Examiner not established---Recovery was effected on 18.12.2013 and the sample parcels were received in the office of Chemical Examiner on 20.12.2013 by one police official but the said official was never produced before the Court---Moharrar of the Malkhana was also not produced to confirm that he kept the sample parcels in the Malkhana in safe custody from 18.12.2013 to 20.12.2013---Where and in whose custody the sample parcel remained during such time remained a mystery---So the safe custody and safe transmission of the sample parcels was not established by the prosecution and such defect on the part of the prosecution by itself was sufficient to extend benefit of doubt to the accused---Furthermore, there was no direct evidence available on record to indicate the accused had exclusive knowledge of presence of narcotics in the luggage lying in the boot of vehicle---Judicial confession of accused was exculpatory confession and from the said confession, conscious knowledge and conscious possession of the narcotics, qua the accused, was not established; hence, his conviction on such exculpatory statement/ confession was not sustainable---Appeal was allowed and accused was acquitted of the charge.

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