SHAH NAWAZ vs State S — 2024 YLR 1204 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 1204 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: SHAH NAWAZ 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

SHAH NAWAZ VS State S. 9(c)--- Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4---Possession of narcotics---Appreciation of evidence---Safe custody of narcotics with police established---Prosecution case was that 79 kilograms charas was recovered from the vehicle of the accused persons---Record showed that the narcotics were sealed at the time of recovery and kept in the malkhana for which the person who recovered the narcotics was examined; the person who deposited the narcotics in the malkhana was examined; the head of the malkhana was also examined; the person who took the narcotics to the Chemical Examiner one day later was also examined and all the relevant malkhana entries had been exhibited---Thus safe custody of the narcotics had been proven from the time it was recovered until the time it was sent to the chemical examiner---Even no suggestion of tampering with the narcotics was made by the accused persons during cross-examination---Chemical Report proved to be positive and all relevant protocols were followed---Balance of the recovered narcotics which were not sent for chemical analysis apart from a representative sample was burnt on the orders of the court as per evidence of official witness who produced both the memo and certificate of sampling and burning respectively and that's why the whole case property was not available before the Court--- Circumstances established that the prosecution had proved the case beyond a reasonable doubt---Appeal against conviction was dismissed, in circumstances.

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