AYAZ HUSSAIN vs State S — 2023 YLR 242 KARACHI-HIGH-COURT-SINDH

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AYAZ HUSSAIN VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Safe custody and transmission of samples of the narcotic from the police to the chemical examiner was not established---Effect---Prosecution case was that 4000 grams charas was recovered from the plastic bag of the accused---Statement of complainant, revealed that he recovered the narcotic from accused and prepared the memo of arrest and recovery and deposited the same in Malkhana---Report of Chemical Examiner revealed that the alleged charas was received by hand in the office through Police Constable after the delay of two days and safe custody of the chars at Malkhana and its safe transit during that intervening period had not proved at trial---Admittedly, 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 dispatched thereof to the office of the Chemical Examiner for examination and testing---Said chain of custody must be safe and secure---Such was because the Report of Chemical Examiner enjoyed very critical and pivotal importance under Act, 1997and 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 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---All such factors suggested the false implication of accused in the case which could not be ruled out---Circumstances established that prosecution had failed to prove its case against the accused---Appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court, in circumstances.

AYAZ HUSSAIN vs State S — 2023 YLR 242 KARACHI-HIGH-COURT-SINDH

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