NAEEM AKHTAR alias ALI HAIDER vs State S — 2024 YLR 556 KARACHI-HIGH-COURT-SINDH

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NAEEM AKHTAR alias ALI HAIDER VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Safe custody of the narcotic substance and the safe transmission of the samples to the chemical laboratory established---Charas weighing 3233 kilograms was allegedly recovered from accused---Evidence in respect of safe custody of the narcotic substance and the safe transmission of the samples to the chemical laboratory for analysis was carefully examined and it was found that the same had been proved by the prosecution by examining official witness who at that time was the incharge of Malkhana and kept the charas in safe custody, and he was also complainant and the Investigation Officer of the case---During cross-examination said witness stated that there was no Malkhana incharge because he was Malkhana incharge, being the S.H.O.---Said witness exhibited the Malkhana entry through which he deposited the recovered narcotics in the Malkhana---Recovery was affected on 13.11.2012 to 14.11.2012 and the same was sent for chemical examination on 15.11.2012 through SI who fully supported the case of prosecution---On examination of Chemical Analyzer's report it was clear that the property was deposited on 15.11.2012 by the ASI---Report further reflected that the samples were with three perfect seals and as per copy sent---Circumstances established that the prosecution had proved its case beyond any shadow of doubt---However, the Trial Court had passed the sentence against the accused and awarded him death sentence on the basis of his previous conviction in the narcotics case which was in violation of the legal procedure provided under the law---Death penalty awarded by the Trial Court to the accused was a harsh one and not in accordance with law, hence same was reduced to imprisonment for life, in circumstances---Appeal was dismissed with modification in sentence.

NAEEM AKHTAR alias ALI HAIDER vs State S — 2024 YLR 556 KARACHI-HIGH-COURT-SINDH

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