FALAK SHER vs State S — 2023 YLR 1926 KARACHI-HIGH-COURT-SINDH

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FALAK SHER VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Dispatch of sample for test or analysis---Safe custody---Prosecution case was that 18 kilograms charas was recovered from the vehicle of the accused persons---Record showed that 18 samples, each weighing 10 grams, sent to Chemical Laboratory for analysis were the representative samples obtained from each packet, numbering 18---Each sample represented each packet weighing 1 Kg and such calculation means that the accused persons were responsible for entire property recovered from them---Defense arguments that accused persons would be held responsible only for 180 grams of charas were not sustainable---Accused persons nowhere had contested the originality or genesis of the samples to be part of the whole property---Further, in order to boost the case, and establishing safe custody of the property, an entry recording deposit of recovered property in Malkhana had been produced---Entrustment of samples to Police Constable/witness and its delivery by him in laboratory for analysis was also established through his evidence---Chemical report evinced that property was received in the office next day in a sealed condition, found satisfactory, through a Police Constable---Detail of protocol applied to test the samples had also been incorporated in the report---Safe custody of the property and safe transmission of the samples thus were verified without any trace of reasonable doubt---No inconsistency, minor or major, in either deposit of the property in Malkhana or receipt of the samples in laboratory had been pointed out by defense undermining the intrinsic worth of the prosecution case against accused persons---Circumstances established that the prosecution had succeeded to prove case against the accused persons beyond a reasonable doubt---Appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 1926 KARACHI-HIGH-COURT-SINDHBookmark this Case FALAK SHER VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Prosecution case was that 18 kilograms charas was recovered from the vehicle of the accused persons---Investigating Officer had described the incident in detail, constituting the raiding party after receipt of spy information, nabbing accused persons, recovery of two bags containing the charas from their car, preparation of memo and registration of the case against them---Investigating Officer also produced relevant entries recording movement of the raiding party on the fateful day, FIR, memo of place of incident, recovery and arrest of the accused persons in addition to the entry documenting deposit of property in Malkhana---Recovery witness had fully supported the Investigating Officer over all such features of the case---Police Constable, entrusted with samples for delivery in Chemical Laboratory, had expressed the facts in his deposition and had produced relevant entry recording such movements besides identifying the receipt of delivery of samples obtained by him from laboratory---All the said three witnesses had been subjected to a considerable cross-examination but defense had not succeeded in creating any dent in their evidence---Said witnesses had stood the ground on all salient features of the case without wavering---Evidence of said witnesses was confidence inspiring and in absence any record of animosity with the accused persons, it could not be discarded---Circumstances established that the prosecution had succeeded to prove its case against the accused persons beyond a reasonable doubt---Appeal against conviction was dismissed accordingly.

FALAK SHER vs State S — 2023 YLR 1926 KARACHI-HIGH-COURT-SINDH

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