Mewa Khan vs State S — 2024 MLD 1467 KARACHI-HIGH-COURT-SINDH

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Mewa Khan VS State S. 9(c)---Possession of narcotic substance---Appreciation of evidence---Safe custody of narcotic and its transmission for chemical analysis doubtful---Prosecution case was that 12-kilograms charas was recovered from the rickshaw of the accused---Accused was arrested by the police on 18.09.2020 when narcotic weighing 12-kg was recovered from a rickshaw which the accused was driving---Said narcotic initially remained with the complainant until he handed them over to the Investigating Officer of the case in the morning i.e. 19.09.2020 as confirmed by the evidence of the Investigating Officer who did not inquire where the complainant had kept the case property during the night---Other witness only stated that the complainant brought the case property to the Police Station---Said witness did not say who the narcotic was given to or where it was kept---Therefore, it appeared that the complainant kept the case property with himself over night before handing it to the Investigating Officer and as such during that period the complainant could have tampered with the recovered narcotic---It was not clear from the evidence of the Investigating Officer when he took the narcotic to the Chemical Examiner however his exhibited letter to the Chemical Examiner was dated 21.09.2020 and the chemical report stated that it was received from him on 21.09.2020---Thus it appeared that the recovered narcotic was taken to the Chemical Examiner three days after its recovery---According to Investigating Officer, the case property was lying in the Malkhana however there was no evidence to this effect as in his evidence he did not produce any malkhana entry (nor did any other witness) and he admitted that he had not recorded the statement of the Malkhana in charge---Prosecution had not been able to prove safe custody of the narcotic form the time when it was recovered from the accused till the time when the same was sent for chemical examination as it appeared that the narcotic was unaccounted for three days during which time it could have been tampered with and as such the chemical report was of no legal value to the prosecution in proving the recovered narcotic---Appeal against conviction was accordingly allowed.

Mewa Khan vs State S — 2024 MLD 1467 KARACHI-HIGH-COURT-SINDH

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