KASHMALOO vs QABIL KHAN, SHO POLICE STATION SABIRABAD DISTRICT KARAK S

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KASHMALOO VS QABIL KHAN, SHO POLICE STATION SABIRABAD DISTRICT KARAK S. 9(d)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4---Possession of narcotics---Appreciation of evidence---Dispatch of sample for test or analysis---Safe custody---Scope---Prosecution case was that 24280 grams of charas was recovered from the possession of the accused---Record showed that the recovery was effected on 21.08.2021, whereas, the sample parcels were sent to, and received by, the laboratory on 24.08.2021---So for all intents and purposes, the requirement of R. 4 of the Control of Narcotic Substances (Government Analysts) Rules, 2001 pertaining to dispatch of sample parcel to the laboratory within 72 hours, which, though was directory in nature, but even then stood fulfilled---Testimony of Muharrir of the police station and the constable who transmitted the sample parcels to the Forensic Science Laboratory was available---Witness deposed in a straightforward manner that he took out the sample parcels from Maal Khana and sent the same through Constable, who too affirmatively deposed in that respect---While substantiating safe custody, the witness made reference to entry made in Register No. 19, which was available on file---Said piece of evidence supported the version of Muharrir with regard to safe custody---Defence failed to cross-examine the witness either regarding the safe custody or the entry made in Register No. 19 in that respect---As the witness was not cross-examined on material point, so the provisions of Art. 133 of the Qanun-e-Shahadat, 1984, could be pressed into service and as such, such aspect of the case would be deemed to have been admitted by the defence---Circumstances established that the prosecution had fully succeeded in bringing home guilt against the accused---Appeal against conviction was accordingly dismissed.

KASHMALOO vs QABIL KHAN, SHO POLICE STATION SABIRABAD DISTRICT KARAK S — 2024 PCrLJ 174 PESHAWAR-HIGH-COURT

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