MUHAMMAD SHAFI vs State S — 2024 YLR 1425 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 1425 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: MUHAMMAD SHAFI 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

MUHAMMAD SHAFI VS State S. 9(c)---Possession of narcotic---Appreciation of evidence---Benefit of doubt---Safe custody of contraband not proved---Prosecution case was that 25 packets of charas weighing 30 kilos and 900 grams were recovered from the rickshaw driven by the accused---In the case in hand the property was sent to the Chemical Analyst through a letter by the Investigation Officer who took the property from police station to Chemical Examiner---Said letter was silent and even the report of Chemical Examiner was silent in such regard---It was only mentioned that the property was received through a letter of the Investigating Officer---Presumption could be drawn that the prosecution failed to produce the witness who brought the property/ contraband for chemical examination and its failure cut the chain of evidence necessary to prove the case against the accused in terms of safe custody---Furthermore no malkhana entry was produced nor head of the malkhana was examined---In other words the prosecution had not proved the safe transmission of the property to the Chemical Examiner which created serious doubt in its case---Complainant handed over the contraband to the Investigation Officer on 15-12-2020 and the same was sent for chemical examination on 16-12-2020 but where it remained for such period the prosecution had failed to explain---Thus, the prosecution had failed to prove safe custody of the contraband---Appeal against conviction was allowed, in circumstances.

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