SHAHZAIB alias WADERO FEROZE vs State S — 2024 YLR 1298 KARACHI-HIGH-COURT-SINDH

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SHAHZAIB alias WADERO FEROZE VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Safe custody and transmission of narcotics for analysis not established---Effect----Charas weighing 5000 kilograms was allegedly recovered from accused---Record showed that the incharge of Malkhana had not been examined before the trial Court to prove the safe custody of recovered charas and its safe transmission---Chain of custody or safe custody and safe transmission of narcotics 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---Chain of custody must be safe and secure---This was because, the Report of Chemical Examiner enjoyed very critical and pivotal importance under 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 so as to justify conviction of the accused---Prosecution, therefore, was to establish that the chain of custody had remained unbroken, safe, secure and indisputable in order to be able to place reliance on the report of the Chemical Examiner---However, the facts of the present case revealed that the chain of custody had been compromised at more than one occasion, therefore, reliance could not be placed on the report of the Chemical Examiner to support conviction of the accused---Appeal against conviction was allowed, in circumstances.

SHAHZAIB alias WADERO FEROZE vs State S — 2024 YLR 1298 KARACHI-HIGH-COURT-SINDH

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