Muhammad Adnan vs State Ss — 2024 MLD 1166 LAHORE-HIGH-COURT-LAHORE

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Muhammad Adnan VS State Ss.9(b) & 9(c)---Possession of narcotic---Appreciation of evidence---Safe custody and transmission of the samples not proved---Conviction, modification of---Prosecution case was that 3170 grams charas was recovered from the possession of the accused---As per testimony of HC/Moharrar Police Station, he handed over the parcels containing the case property to complainant of the case, for depositing the same in Malkhana on 06.09.2022---Said complainant, while appearing before the Trial Court, did not depose a single word regarding receiving the parcel(s) containing case property from Moharrar Police Station for depositing the same in Malkhana---Said fact showed that complainant did not depose about receiving of parcels containing case property for depositing the same in the Malkhana in safe custody---Prosecution failed to adduce evidence qua the safe custody and safe transmission of the samples containing the 'case property's---Complainant had not deposed in the line of the assertion of HC/Moharrar of Police Station, wherein he claimed that he handed over the parcels containing the case property to the said complainant, rather he did not utter a single word about handing over the parcels containing the 'case property' to him---Meaning thereby that an important link was missing regarding the safe custody of the 'case property'---Hence, in all eventualities the parcels containing the 'case property' could not be used against the accused---So, accused could not be held guilty of the quantity i.e. 3011 grams of charas and as such conviction and sentence awarded to him by the Trial Court under S.9 (c) of the Act could not be allowed to stand, rather he would be convicted and sentenced to the extent of samples consisting of 54/54 grams and 51 grams (total 159 grams), which were received in the Forensic Science Agency and the same were tested as positive through report---Therefore, conviction recorded by the Trial Court was converted from S.9 (c) to S.9 (b) of the Act and he was sentenced to one year and three months rigorous imprisonment---Appeal was dismissed with modification in sentence. Citation Name: 2024 MLD 1166 LAHORE-HIGH-COURT-LAHORE Muhammad Adnan VS State S. 9(c)---Possession of narcotic---Appreciation of evidence---Safe custody---Principle---Case under the Control of Narcotic Substances Act, 1997, contained two components/limbs i.e. firstly, the prosecution is bound to establish the safe custody and safe transmission from the place of recovery of seized drug by the police, including separation of representative parcels of the seized drug and its despatch to the testing laboratory---Secondly, the chain of custody of the parcel(s) containing the 'case property' is also pivotal, and the prosecution is also supposed to prove its safe custody as far as the same remained with the police and then despatched to the Trial Court as a 'case property' intact---Any break in the chain of custody or lapse in the control of possession of the samples containing case property causes doubt about its safe custody and safe transmission to the Court of law.

Muhammad Adnan vs State Ss — 2024 MLD 1166 LAHORE-HIGH-COURT-LAHORE

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