Citation Name: 2024 PCrLJ 534 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case TANVEER vs State S — 2024 PCrLJ 534 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PCrLJ 534 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PCRLJ
Parties: Citation Name: 2024 PCrLJ 534 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case TANVEER 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

Citation Name: 2024 PCrLJ 534 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case TANVEER VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Safe custody and transmission of narcotics for analysis---Scope---Prosecution case was that ten kilograms charas and 800 grams opium were recovered from the secret cavities of the vehicle driven by accused---Record showed that the Malkhana Incharge had not been produced to corroborate the testimony of the Investigating Officer, regarding handing over the parcels to him---In absence of the deposition of the Malkhana Incharge with whom allegedly the parcels were deposited, the safe custody and transmission of the contraband would remain unsubstantiated, creating doubt in the case of the prosecution---Although Police Constable was produced by the prosecution, who deposed that on 11.10.2020, he took parcel Nos. 1 and 2 at 11:00 p.m. and deposited the same on 12.10.2020 at 10:00 a.m. in the Laboratory and went to another city on 18.10.2020 and brought back the Forensic Science Laboratory Report along with parcels on 19.10.2020, but he did not state that from whom he received the parcels and in return, to whom he handed back the same, which made custody and transmission of the recovered narcotics highly doubtful---Circumstances established that the prosecution had failed to prove the charge against the accused beyond shadow of doubt---Appeal against conviction was allowed accordingly.

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