Mohammad Juman Khaskheli alias JUMO vs State S — 2024 YLR 1818 KARACHI-HIGH-COURT-SINDH

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Mohammad Juman Khaskheli alias JUMO VS State S. 9(b)---Possession of narcotic---Appreciation of evidence---Safe custody of parcel and safe transmission of samples not proved---Prosecution case was that 700 grams charas was recovered from the possession of the accused---According to the complainant, he handed over the parcel to the Investigating Officer on 16.11.2021 after the registration of the FIR---However, the evidence provided by the Investigating Officer was silent regarding the safe custody of the parcel till its dispatch to the Chemical Examiner---Investigating Officer mentioned that he dispatched the parcel to the Chemical Examiner on next day i.e. 17.11.2021, without explaining where he kept the parcel during the 24-hours period from 16.11.2021 to 17.11.2021---Furthermore, the Investigating Officer stated that he delivered the parcel to Police Constable and made entry No.5, after which he left the Police Station at 10:30 hours for which he produced a document---However, the Chemical Report produced by the Investigating Officer indicated that the parcel was received through Police Constable on 17.11.2021---On the other hand, during cross-examination, the mashir of the recovery clearly testified that the Investigating Officer handed over the case property to him on 17.11.2021 at 10.00 am for depositing it in the Chemical Laboratory---Evidence of the Investigating Officer was recorded after the evidence of mashir but he failed to testify about Road Certificate---As a result, the evidence of the Investigating Officer and mashir appeared to be contradictory regarding the delivery of the parcel to the Chemical Examiner---In such a situation, if evidence of Investigating Officer was believed then credibility of the mashir became doubtful and unreliable---Safe custody of recovered substance as well as safe transmission had not been established before the Trial Court---Mere recovery of narcotics was not the sole criterion for convicting an accused charged with trafficking of contraband---Prosecution must prove the recovery beyond reasonable doubt with confidence-inspiring and reliable evidence, which unfortunately was not the case in the present case---Appeal against conviction was allowed, in circumstances.

Mohammad Juman Khaskheli alias JUMO vs State S — 2024 YLR 1818 KARACHI-HIGH-COURT-SINDH

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