Arshad Ali vs State S — 2024 PCrLJ 1183 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PCrLJ 1183 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PCRLJ
Parties: Arshad Ali 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

Arshad Ali VS State S. 9(c)---Possession of narcotic---Appreciation of evidence---Benefit of doubt---Safe custody and transmission of narcotics for analysis not established---Effect---Charas weighing 25 kilograms was allegedly recovered from the vehicle of the accused persons---Complainant stated that the case property was deposited in the Malkhana on the day of arrest and produced an entry on that score---He went on to say that the samples were sent to the Chemical Examiner the same day (i.e. 06.05.2018), but without any narration as to who the task was entrusted to or any explanation as to how the samples were retrieved from the Malkhana and by whom---Report of the Chemical Examiner reflected that the samples were delivered through a Constable, but he was not called upon to depose in the matter to demonstrate the sanctity of the chain of custody---Furthermore, the report stated that the samples were received on 07.05.2018, which gave rise to the question as to where the same were kept during the intervening period and raised some doubt as to the integrity of the chain---Appeal against conviction was allowed, in circumstances.

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