Gulshan Bibi vs State Ss — 2025 MLD 1389 QUETTA-HIGH-COURT-BALOCHISTAN

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Judgment text as reported

Gulshan Bibi VS State Ss. 9(1), S.No. 3(c)---Possession of narcotic substances---Appreciation of evidence---Benefit of doubt---Safe custody of the recovered contraband not established---Accused was charged for having in his possession 2300-grams charas---To substantiate the safe custody of the narcotics, testimony of malkhana incharge was of high importance---Said witness testified that on 14.01.2023, Investigating Officer handed over to him a parcel weighing 2300 grams of 'charas', whereof he made entry in Register No.19---Police Constable testified to have had witnessed the handing over of the parcel and making entry in Register No.19 at serial No. 1227---Said witness produced the recovery memo, wherein the copy of the extract of Register No.19 was produced---Deposition of said witnesses merely established the fact that the narcotic was deposited in the malkhana, handed over by Investigating Officer, whereafter entry was made in Register No.19, but still the question remained as to when and to whom the parcel of narcotic was handed over back for onward transmission to Narcotics Testing Laboratory for chemical analysis---Such foremost and crucial aspect of the case in order to establish the safe custody from the malkhana to the Narcotics Testing Laboratory, particularly in the circumstances, when the recovery was effected on 14.01.2023, but the office of the Narcotics Testing Laboratory received the parcel on 17.01.2023, whereof no explanation had been offered by any of the prosecution witness, put a severe dent into the entire process of safe custody and transmission of the narcotic---Appeal against conviction was allowed, in circumstances.

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Gulshan Bibi vs State Ss — 2025 MLD 1389 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported

Other judgments reported in 2025 MLD