Ali Raza vs State S — 2025 MLD 1334 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 MLD 1334 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: MLD
Parties: Ali Raza vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 161

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

Ali Raza VS State S. 9(c)---Possession of narcotic substance---Appreciation of evidence---Safe custody of recovered substance and its safe transmission to the laboratory not proved---Prosecution case was that 41-kilograms baked charas was recovered from the secret cavities of the vehicle driven by the accused---Prosecution in order to establish the safe custody and transmission of the narcotic mainly relied upon the statement of Malkhana Incharge, who testified that the Investigating Officer handed over him parcel Nos.1 & 2, registration book of the vehicle and other articles recovered from the personal possession of the appellant, which were handed over back to a prosecution witness for chemical analysis---Said witness neither mentioned that he made entry of the recovered articles in Register No.19 nor produced the extract and copy of the said register---Said witness admitted that he had not mentioned in his statement recorded under S.161 of Cr.P.C about the register No. 19 or making any entry therein and also admitted that the parcels did not contain any number when the same were handed over back to him---Circumstances established that the prosecution had failed to prove the charge against the appellant beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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