Bahawal Shaikh vs State S — 2025 MLD 840 KARACHI-HIGH-COURT-SINDH

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Bahawal Shaikh VS State S.9---Possession and transportation of narcotics---Appreciation of evidence---Safe custody and safe transmission of the recovered substance to laboratory not proved---Prosecution case was that 10-kilograms charas lying in a bag was recovered from the possession of the accused---Complainant's testimony reflected that the charas was in a white sack when seized---Chemical analysts' report did not mention color of the bag in which the charas was sent---Contrary to the witness testimony, the charas de-sealed in Court was in a red sack---Memo. of recovery or the witness testimonies did not state whether anything was written or printed on the sack in which the charas was kept or on the charas inside---Complainant allegedly had a lapse of memory at trial and claimed that he could not remember whether anything was written---Memo. of recovery did not record any writing---However, complainant admitted that the charas de-sealed and shown to him in Court, apart from being in a different color bag, also had "555" (on some) and "Black Gold" (on others) written on it---Said numbers were not mentioned in the FIR or the memo. of recovery---Chemical analyst's report showed that there were twenty patties of charas in the bag sent to him and that all the patties had "555" and a gold stamp printed on them---Complainant further acknowledged that plastic wrapping was also available in the sealed bag that was de-sealed in Court, the presence of which was also not mentioned in the documentation---An accurate description of the commodity seized must be written in the recovery memo.---Color and description of the narcotics seized, as well as the description of the packing and any visible marks, signs, photos, logos, and numbers on the seized articles, should be written in the recovery memo.---Description should tally with the description noted by the chemical laboratory when the package is sent to it and then with the case property produced at trial---Safe custody and transmission would be compromised if the seizure descriptions did not match---Prosecution failed to prove safe and secure custody and transmission, creating doubt---Prosecution failed to prove its case beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances.

Bahawal Shaikh vs State S — 2025 MLD 840 KARACHI-HIGH-COURT-SINDH

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