MAQSOOD AHMED vs State S — 2024 YLR 1489 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 1489 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: MAQSOOD AHMED 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

MAQSOOD AHMED VS State S. 9(c)---Possession of narcotics---Appreciation of evidence--- Safe custody of the narcotics and its transmission to Chemical Examiner not proved---Accused was charged for having 1100 grams charas---Neither complainant nor recovery witness had deposed before the Trial Court that charas was handed over to Head Moharir of the police station---Head Moharir had also been examined by the prosecution before Trial Court---Head Moharir had not deposed that from whom he received the parcel of charas for depositing the same in Malkhana---Thus, prosecution utterly failed to prove safe custody and safe transmission of the charas from the spot of recovery till its receipt by Chemical Examiner---Said chain of custody was fundamental as the report of Government Analyst was the main evidence for the purpose of conviction---Prosecution must establish that chain of custody was unbroken, safe and secure but in the present case safe custody and safe transmission could not be established--- Appeal against conviction was allowed, in circumstances.

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