Citation Name: 2024 YLR 766 PESHAWAR-HIGH-COURTBookmark this Case SHAKEEL AHMAD vs State S — 2024 YLR 766 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 766 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 766 PESHAWAR-HIGH-COURTBookmark this Case SHAKEEL AHMAD 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

Citation Name: 2024 YLR 766 PESHAWAR-HIGH-COURTBookmark this Case SHAKEEL AHMAD VS State S. 9(d)--- Recovery of narcotic substance---Appreciation of evidence---Seizure of narcotics---Proof---Authorized officer---Charas weighing 6000 grams in total was alleged to have been recovered from accused persons---Trial Court convicted both the accused persons and sentenced them to imprisonment for ten years with fine---Validity---In narcotic cases it is the duty of prosecution to establish seizure of contraband, taking of samples from recovered stuff, their safe transmission from the spot to police station, then from police station to Forensic Science Laboratory and safe custody of remaining contraband---Police official who brought "Murasila" from the spot to police station was not produced before Trial Court---Seizing officer did not utter a single word that as to whom he handed over the parcels of separated samples of contraband---Unbroken chain of custody of samples was not established by prosecution---Alleged parcels of samples did not bear monogram of abbreviation of seizing officer rather it bore abbreviation of name of investigating officer---Prosecution failed to prove that as to who separated samples from recovered stuff and that as to who had dispatched or taken the samples to police station---Such failure of prosecution was fatal for their case---High Court set aside conviction and sentence awarded to accused persons as prosecution failed to prove its case against them beyond reasonable doubt and acquitted them of the charge---Appeal was allowed, in circumstances.

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