MUHAMMAD HAZIR vs State S — 2023 SCMR 986 SUPREME-COURT

Case information

Citation: 2023 SCMR 986 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: MUHAMMAD HAZIR 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

MUHAMMAD HAZIR 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---Effect---In the present case neither the safe custody nor the safe transmission of the sealed sample parcels to the concerned Forensic Science Laboratory was established by the prosecution because neither the Moharrar nor the Constable who deposited the sample parcels in the concerned laboratory was produced---Recovery was effected on 10.02.2015 whereas the sample parcels were received in the laboratory on 13.02.2015 and prosecution was silent as to where these sample parcels remained during this period, meaning thereby that element of tampering with samples was quite apparent in the present case---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---Appeal was allowed, and accused was acquitted of the charge.

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