Kamran Shah vs State S — 2025 MLD 583 KARACHI-HIGH-COURT-SINDH

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Kamran Shah VS State S. 9(b)---Possession of charas---Appreciation of evidence---Contradiction in the statements of witnesses---Prosecution case was that 250-grams charas was recovered from the possession of accused---Prosecution case was that during patrolling, at Railway track, a person (appellant) on seeing the police party tried to run away---Police Officials nabbed the appellant and recovered 250-grams charas from him; it was taken into possession, mahsirnama of arrest and recovery was prepared, case property was sealed and accused was brought to police station---However, neither the spot was photographed nor video was made---Case of the prosecution was that alleged recovered charas was in pieces but number of pieces allegedly recovered was not mentioned in the mashirnama of arrest and recovery---Complainant in his evidence nowhere deposed that to whom he handed over the alleged recovered charas---However, Head Moharrir in his evidence had deposed that complainant handed over to him case property and he kept such entry in Register No. XIX whereas perusal of said entry transpired that one SI had made entry in the Register and not the Head Moharrir---Head Moharrir in his cross-examination had given evasive reply with regard to receiving and handing over the case property---Appeal against conviction was allowed, in circumstances. Citation Name: 2025 MLD 583 KARACHI-HIGH-COURT-SINDHBookmark this Case Kamran Shah VS State S. 9(b)---Possession of charas---Appreciation of evidence---Safe custody and safe transmission of the parcels of recovered substance to laboratory for analysis not proved---Prosecution case was that 250-grams charas was recovered from the possession of accused---Record showed that the prosecution had failed to establish safe custody and safe transmission of the sealed parcels to the Chemical Examiner before Trial Court---Moreover, the Trial Court had also failed to perform its duty by not putting some material questions to the prosecution witnesses in order to ascertain the truth---Thus, it appeared that the Trial Court conducted the trial in a very casual manner---Chain of safe custody and safe transmission of narcotics must be safe and secure because the Report of Chemical Examiner enjoyed very critical and pivotal importance under the Act 1997 and the chain of custody ensured that correct representative samples reached the office of the Chemical Examiner---Any break or gap in the chain of custody i.e., in the safe custody or safe transmission of the narcotic or its representative samples did not justify convicting the accused on the basis of the report of the Chemical Examiner---In the present case safe custody and safe transmission could not be established---Thus, conviction recorded by Trial Court was not sustainable under the law---Appeal against conviction was allowed, in circumstances. Citation Name: 2025 MLD 583 KARACHI-HIGH-COURT-SINDHBookmark this Case Kamran Shah VS State Benefit of doubt---Principle---Single or slightest doubt, if found reasonable, in the prosecution case would be sufficient to entitle the accused to its benefit, not as a matter of grace and concession, but as a matter of right. Citation Name: 2025 MLD 583 KARACHI-HIGH-COURT-SINDHBookmark this Case Kamran Shah VS State S. 9(b)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Possession of charas---Appreciation of evidence---Withholding material witness---Effect---Prosecution case was that 250-grams charas was recovered from the possession of accused---Complainant in his cross-examination had stated that mashirnama of arrest and recovery was prepared in torch light by Police Constable---Neither torch was produced nor said Police Constable was examined by the prosecution---Inference which could be drawn of non-examination of said Police Constable, under Art.129(g) of Qanun-e-Shahadat, 1984, would be that he might not have supported the case of prosecution---Appeal against conviction was allowed, in circumstances.

Kamran Shah vs State S — 2025 MLD 583 KARACHI-HIGH-COURT-SINDH

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