Muhammad Afzal vs State S — 2024 YLR 1797 KARACHI-HIGH-COURT-SINDH

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Muhammad Afzal VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Safe custody of parcel and safe transmission of samples not proved---Prosecution case was that 1250 grams charas was recovered from the possession of the accused---First Information Report was registered on 22-08-2021 at 10.30 pm---According to the complainant, he deposited case property in malkhana and Investigating Officer had received the same on 23-08-2021---Therefore, it was duty of prosecution to prove that the parcel was kept in malkhana on 22-08-2021 and same remained in safe custody till its delivery to Investigating Officer on 23-08-2021, and it was incumbent upon the prosecution to have adduced the evidence of incharge malkhana, but it failed to do the same---There was no evidence during the intervening period regarding the safe custody of the parcel---Parcel was kept in the malkhana, as entry in register No. 19 produced by the complainant---In order to prove that the parcel was kept in safe custody in the malkhana, the prosecution should have examined the Head Moharrar of the malkhana---Moreover, the safe custody of the parcel and the safe transmission of the sample were questionable, as photostat copy of Road Certificate had been produced without seeking permission for production of photostat copy and furnishing explanation with regard to non-production of the original---Photostat copy was not admissible in evidence until/unless permission for the same is obtained from the Court---Thus, the prosecution failed to prove the delivery of parcel to the Chemical Examiner---As a result, the chain of safe custody was broken, which was a vital and fundamental ingredient in establishing a conviction of the accused under the Act, 1997---Appeal against conviction was allowed, in circumstances.

Muhammad Afzal vs State S — 2024 YLR 1797 KARACHI-HIGH-COURT-SINDH

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