Shah Nawaz vs State S — 2024 PCrLJ 1678 KARACHI-HIGH-COURT-SINDH

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Shah Nawaz VS State S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, Rr. 4, 5 & 6---Possession of narcotic substance---Appreciation of evidence---Transmission/dispatch of sample for test or analysis---Safe custody and transmission of samples established---Prosecution case was that 50-kilograms charas was recovered from the Rickshaw driven by the accused---Inspector/Malkhana Incharge had deposed that upon returning after arresting the accused, he had lodged the FIR and after mentioning the FIR number on the parcels of case property by deposited it into the Malkhana under register number 19---Said witness also produced attested photocopy of such entry---Recovery was effected on 05.02.2015 and it was sent for chemical examination on 06.02.2015 through Police Constable, who deposed that on 06.02.2015 complainant handed over to him one sealed parcel for depositing the same at chemical laboratory---Said witness had deposited the case property to the concerned officials at chemical laboratory under a proper letter---Said witness had handed over the receiving to complainant and after returning at Police Station an entry was made at about 01.00 pm which he also produced---Report reflected that the parcel was perfect and the seals were perfect as per the copy sent---Both the witnesses were cross-examined but nothing favourable to accused was brought on record by the defence---No enmity or ill-will was suggested against the witnesses---Prosecution witnesses were found to be reliable, trustworthy and confidence inspiring---Recovery of huge quantity of charas was effected from the possession of accused and the same was kept in safe custody and within shortest period it was sent for chemical examination---Prosecution also proved the safe custody and its safe transmission by producing the witnesses in whose custody the property was in the Malkhana and through whom it was sent for chemical examination---All the chains from the recovery of the narcotics till sending the same for chemical examination had been proven by the prosecution beyond a reasonable doubt---Appeal against conviction was dismissed in circumstances.

Shah Nawaz vs State S — 2024 PCrLJ 1678 KARACHI-HIGH-COURT-SINDH

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