Muhammad Hassan vs State S — 2024 MLD 853 KARACHI-HIGH-COURT-SINDH

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Muhammad Hassan VS State S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4---Transportation of narcotics---Appreciation of evidence---Benefit of doubt---Safe custody of narcotics not established---Contradictory statements---Accused were found in possession 18 packets containing charas in total weighing 21 kilos and 600 grams---Accused were arrested by the police on 11.10.2020 and the recovery of narcotics was made from the bus in which one accused was allegedly the driver and the other accused was allegedly a passenger wherefrom a huge amount of narcotics was recovered from a secret cavity in the bus---Such narcotics initially remained with official witness who according to the prosecution evidence handed them over to the other official witnesses on the same day where they were allegedly kept in the Malkana---In this respect the prosecution relied on Entry No.47, however such entry did not support the prosecution case in this regard---Furthermore, the Malkhana in charge was not examined by the prosecution to prove the safe custody of the narcotic and as such it was unclear where the narcotic was kept before it was taken for chemical examination on 12.10.2020 and thus based on the particular facts and circumstances of the case, it was found that the prosecution had not been able to prove safe custody of the narcotic from the time when it was recovered from the accused till the time when the same was sent for chemical examination and as such the chemical report was of no value to the prosecution in proving the recovered narcotic---Even if safe custody and safe transmission of the narcotic had been proven the chemical report was of no evidentiary value as it was not put to the accused persons during the recording of their S.342, Cr.PC statements and as such could not be used to convict them---Appeal against conviction was allowed, in circumstances.

Muhammad Hassan vs State S — 2024 MLD 853 KARACHI-HIGH-COURT-SINDH

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