Zahir Shah vs State S — 2024 MLD 813 KARACHI-HIGH-COURT-SINDH

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Zahir Shah VS State S.9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Safe custody and transmission of the samples for analysis not proved---Prosecution case was that 16 packets of charas weighing 20 kilograms and 500 grams were recovered from the bag lying in the lap of one accused, 11 packets of charas weighing 14 kilograms and 100 grams were recovered from the bag lying in the lap of other accused, whereas 10 packets of charas weighing 12 kilograms and 500 grams were recovered from the bag of another accused---In the case in hand, the case property was sent to the Chemical Analyzer through a letter dated 22-09-2020 with memorandum No. Nil from SHO Police Station through SIP which showed that the property was sent by the SHO Police Station and he was not examined to prove that as to whether he sent the property to the chemical laboratory---As per the evidence of complainant, he deposited the recovered charas in the Koth at the Police Station and as per the evidence of mashir, the recovered charas was deposited in the room of the Duty Officer but the prosecution failed to examine any of them (Incharge of the Koth and the Duty Officer) to prove the safe custody of charas---Prosecution also failed to produce the entry under which the charas was kept at the Police Station and the same had been admitted by the prosecution witness---Investigation Officer stated that he sent the case property for chemical examination and he did not state that he brought the property to the office of the Chemical Examiner---Thus, it could easily be said that the prosecution had not proved the safe custody and safe transmission of the property to the Chemical Examiner which created serious doubt in the case---Appeal against conviction was allowed, in circumstances.

Zahir Shah vs State S — 2024 MLD 813 KARACHI-HIGH-COURT-SINDH

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