Javed vs State S — 2024 PCrLJ 969 KARACHI-HIGH-COURT-SINDH

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Javed VS State S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Safe custody of narcotics not proved---Charas weighing 90 kilograms was allegedly recovered from the car of the accused persons---In this case the accused were arrested by the police on 09.11.2018 and from each of them 4 KG's were recovered and from the boot of the car which they were allegedly driving two bags containing 42 and 40 KG's charas respectively were recovered---According to the complainant the case property was handed over to the Duty Officer at the Police Station whose name he did not remember and whose identity remained unknown---Mashir of the memo of recovery was of no assistance in that regard as in his evidence he did not mention where the narcotics were kept or who they were given to on their return to the Police Station---Malkhana entry dated 09.11.2018 showed that the case property was deposited in the malkhana however the malkhana in charge was not examined by the prosecution to prove safe custody and as such it might be that his evidence would not have supported the prosecution case---In any event there was no evidence that the narcotics were kept in the malkhana for five days without explanation before being taken to the Chemical Examiner by the police witness who did not produce any entry showing that he had taken the narcotics from the malkhana to be deposited with the Chemical Examiner and did not even produce his departure and arrival entries to this effect---Thus, based on the particular facts and circumstances of this case the prosecution had not been able to prove safe custody of the narcotic from the time when it was recovered from the accused till the time when the same was sent for chemical examination as it appeared that the narcotic was unaccounted for five days during which time it could have been tampered with---As such the Chemical Report was of no legal value to the prosecution in proving the recovered narcotic---Thus, the prosecution had not proved its case beyond a reasonable doubt against the accused persons---Appeal against conviction was allowed, in circumstances.

Javed vs State S — 2024 PCrLJ 969 KARACHI-HIGH-COURT-SINDH

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