MIR MUHAMMAD vs State S — 2024 PCrLJ 370 KARACHI-HIGH-COURT-SINDH

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MIR MUHAMMAD VS State S. 9(c)---Possession of narcotic---Appreciation of evidence---Safe custody and safe transmission of samples to the Forensic Science Laboratory not established---Effect---Twenty eight kilograms charas was recovered from the vehicle of the accused persons---Evidence regarding safe transmission of alleged recovered narcotic to the laboratory for chemical analysis was missing---If safe custody of narcotic and its transmission through safe hands was not established on the record, same could not be used against the accused---Chain of custody or safe custody and safe transmission of narcotic began with seizure of the narcotic by the Law Enforcement Officer, followed by separation of the representative samples of the seized narcotic, storage of the representative samples with the Law Enforcement Agency and then dispatch thereof to the office of the Chemical Examiner for examination and testing---Said chain of custody must be safe and secure---This was because, the Report of Chemical Examiner enjoyed very critical and pivotal importance under the Control of Narcotic Substances Act, 1997 and the chain of custody ensured that correct representative samples reached the office of the Chemical Examiner---Any break or gap in the chain of custody i.e., in the safe custody or safe transmission of the narcotic or its representative samples, made the report of the Chemical Examiner doubtful to justify conviction of the accused---Moreover, it was a matter of record that the charas was recovered from possession of accused on 08.11.2019 and was kept in Malkhana but it had not been proved that it was a safe transit case---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

MIR MUHAMMAD vs State S — 2024 PCrLJ 370 KARACHI-HIGH-COURT-SINDH

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