GHULAM HUSSAIN vs State S — 2023 YLR 737 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 737 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: GHULAM HUSSAIN 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

GHULAM HUSSAIN VS State S. 9(c)--- Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4---Transportation of narcotics---Dispatch of sample for test or analysis---Appreciation of evidence---Benefit of doubt---Safe custody---Contradictory statements---Scope---Accused was alleged to have been intercepted while transporting 28 kilograms of charas---Prosecution's evidence was silent as to the fact that who had taken the representative sample to the analyst---Investigating Officer had not produced the register of the Malkhana and no evidence was produced to prove safe transmission of the contraband from the police to the Chemical Examiner---Prosecution case was full of contradictions---Samples taken from each packet was in negligible quantity (01 gram)---Sealing of 28 samples in one parcel was not safe for conviction of the accused---Samples were not separated on the spot of recovery---Recovery from the impounded car was also doubtful---Prosecution had failed to bring home the charge against the accused beyond reasonable shadow of doubt---Trial Court had failed to properly appreciate the evidence and the law---Appeal was allowed and the accused was acquitted of the charge, in circumstances.

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