Citation Name: 2024 MLD 1478 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Imran Munir vs State S — 2024 MLD 1478 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 MLD 1478 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: MLD
Parties: Citation Name: 2024 MLD 1478 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Imran Munir 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

Citation Name: 2024 MLD 1478 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Imran Munir VS State S. 9(c)---Possession of narcotic substance---Appreciation of evidence---Safe custody of the recovered substance and its transmission for analysis not proved---Prosecution case was that 40-kilograms charas was recovered from the vehicle driven by the accused---Seizing Officer and recovery witness did not state that to whom and when they handed over the parcels---Malkhana Incharge was the prime witness regarding safe custody and transmission of the charas, who testified that on 24.10.2022, he received parcel No.1 containing 400 grams of samples and parcel No.2 weighing 39600 grams of remaining charas, whereof he made entry in Register No.19 and on 26.10.2022 he handed over back parcel No.1 pertaining to the samples to the Investigating Officer---During cross-examination, said witness admitted that copy of register, produced to the Court, was not Register No.19 and there was no mention of entry of deposit and receipt of the case properties---In view of the statement of the said witness, it appeared that the prosecution had failed to prove safe custody from the place of recovery to the malkhana and onward transmission to the office of Forensic Science Laboratory---None of the protocols were observed while analyzing the suspected material and preparing results thereof, thus no reliance could be placed on such inconclusive Forensic Science Laboratory Report---Circumstances established that the prosecution failed to prove the indictment---Appeal against conviction was accordingly allowed.

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