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Rashid Ali Rajper vs State S — 2024 PCrLJ 1141 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 1141 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
Rashid Ali Rajper vs State S
Subject matter
Criminal
Provisions referred to
S. 9; Narcotic Substances Act

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

Rashid Ali Rajper VS State S. 9(b)---Possession of narcotic---Appreciation of evidence---Benefit of doubt---Prosecution case was that 250 grams charas was recovered from the possession of the accused---Record showed that the trial Court without referring to the report of Chemical Analyst and his conclusion, convicted and sentenced the accused, which had apparently resulted in gross miscarriage of justice---Accused could be convicted and sentenced in narcotics cases only when the substance recovered from him was found by Chemical Analyst to be narcotics---If the laboratory report in regard to substance was negative and there was no evidence to rebut the same and conclude that the substance was narcotics, then irrespective of the quality of evidence of the witnesses, accused could not be held guilty of committing an offence under the provisions of Control of Narcotic Substances Act, 1997---In such circumstances the charge would become groundless---Trial Court in presence of negative report could have opted to refer the substance to another laboratory for cross checking and second opinion if was not satisfied with the report, but the Trial Court choose to bypass it and decided the case on the basis of evidence completely ignoring the findings of laboratory qua nature of substance allegedly recovered from the accused---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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