Citation Name: 2024 YLR 758 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NAQEEBULLAH vs State S

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Citation Name: 2024 YLR 758 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NAQEEBULLAH VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Safe custody of narcotic and its transmission for chemical analysis doubtful---Prosecution case was that 20 kilograms charas was recovered from the secret cavities of the vehicle driven by the accused---Seizing Officer as well as recovery witness had failed to mention about arrival of Investigating Officer, in respect of handing over the recovered charas to him or otherwise, which put dent into the safe custody and handing over the narcotics from the place of occurrence to the Malkhana---Head Constable/witness stated that on 19.12.2020 Investigating Officer came to his office and handed over parcels pertaining to samples as well as parcels pertaining to remaining charas, whereof he made entry in Register No.19 and deposited the same in Malkhana for its safe custody---Surprisingly, said witness did not mention in his statement that when and to whom he handed over the samples of narcotics for onward transmission to the Narcotics Testing Laboratory for chemical analysis---Similarly, Investigating Officer though stated to have handed over the said parcels of narcotics pertaining to samples and remaining parcels of narcotics to the Malkhana in-charge on the fateful night but did not mention as to when, how and in which manner he received back the parcels from Malkhana in-charge for onward transmission to the laboratory in his examination-in-chief, which created doubt in the safe custody and transmission of the narcotics and its samples---Circumstances established that the prosecution had failed to prove the safe custody and transmission of the contraband from the place of recovery to the Malkhana and then to the laboratory---Appeal was accordingly allowed.

Citation Name: 2024 YLR 758 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NAQEEBULLAH vs State S — 2024 YLR 758 QUETTA-HIGH-COURT-BALOCHISTAN

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