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MUHAMMAD URIS vs State S — 2023 YLRN 22 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 YLRN 22 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
MUHAMMAD URIS 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 URIS VS State S. 9(c)--- Possession and transportation of charas--- Appreciation of evidence--- Safe custody of samples and their transmission to the Chemical Examiner---Significance---If safe custody of narcotics and its transmission through safe hands was not established on the record, same could not be used against the accused---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---Such was 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 present 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---All such factors suggested the false implication of accused in the case which could not be ruled out---Record showed that the charas was recovered from possession of accused and was kept in Malkhana but incharge of the Malkhana had not been examined before the Trial Court and it had not been proved that it was a safe transit case---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal was allowed and accused was acquitted by setting aside conviction and sentences recorded by the Trial Court.

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