GHULAM SHABBIR vs State S — 2023 YLR 153 KARACHI-HIGH-COURT-SINDH

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GHULAM SHABBIR VS State S. 9(c)---Possession of narcotic---Appreciation of evidence---Safe custody and safe transmission of samples to the Forensic Science Laboratory not established---Benefit of doubt---Scope---Prosecution case was that ten kilograms of charas was recovered from the possession of the accused persons---According to the statement of complainant, he recovered the narcotics from the accused persons and prepared the memo of arrest and recovery and deposited the same in Malkhana---Report of Director Laboratories and Chemical Examiner revealed that the narcotics were sent to the office through SIP after the delay of two days---Tampering with the case property during that intervening period at Malkhana also could not be brushed aside---Established position was that the chain of custody or safe custody and safe transmission of narcotics begin with seizure of the narcotic by the law enforcement officer, followed by separation of the representative samples of the seized narcotic, storage of the representative samples with the law enforcement agency and then dispatch thereof to the office of the Chemical Examiner for examination and testing---Said chain of custody must be safe and secure because, the Report of Chemical Examiner enjoyed very critical and pivotal importance under the Act and the chain of custody ensured that correct representative samples reached the office of the Chemical Examiner---Any break or gap in the chain of custody i.e., in the safe custody or safe transmission of the narcotic or its representative samples made the report of the Chemical Examiner failed to justify conviction of the accused---Prosecution, therefore, was to establish that the chain of custody had remained unbroken, safe, secure and indisputable in order to be able to place reliance on the report of the Chemical Examiner---Facts of the case revealed that the chain of custody had been compromised at more than one occasion, therefore, reliance could not be placed on the report of the Chemical Examiner to support conviction of the accused---High Court observed that all such factors suggested the false implication of accused persons in the case which could not be ruled out---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

GHULAM SHABBIR vs State S — 2023 YLR 153 KARACHI-HIGH-COURT-SINDH

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