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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 of narcotics---Appreciation of evidence---Benefit of doubt---Chemical analysis ---Delay of about six days in sending samples of contraband for analysis---Effect---Allegedly, 1010 grams of charas was recovered from the possession of accused---According to the statement of complainant, he recovered the narcotics from accused and prepared the memo. of arrest and recovery and deposited the same in Malkhana---Report of Director Laboratories and Chemical Examiner revealed that the charas was received by hand in the office through SHO concerned after the delay of about six days but evidence on the record was silent that where the same remained for six days---Evidence regarding safe transmission of alleged recovered narcotic to the laboratory for chemical analysis was also missing---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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