Muhammad Rafiq vs State S — 2025 PCrLJ 1028 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 PCrLJ 1028 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: PCRLJ
Parties: Muhammad Rafiq 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

Muhammad Rafiq VS State S. 9-3(e)---Possession of narcotic substance---Appreciation of evidence---Transmission/dispatch of sample for test or analysis---Safe custody and transmission of samples not established---Effect---Prosecution case was that 30 kilograms charas in 30 packets was recovered from the vehicle of accused---Prosecution in order to establish the safe custody and transmission of the contraband, produced Moharrir---Recovery witness showed presence of Moharar on the crime scene and stated that Moharar prepared the recovery memo, parcels, and murasila, whereas Moharar himself, while contradicting recovery witness, did not support him rather stated that he received the parcels in the police station, where he made entry in Register No.19---Moharar testified that on 01.02.2023, he handed back the recovered parcels to Investigating Officer, whereas the Forensic Laboratory Report showed that the parcels were received on 02.02.2023, whereof there was no explanation that during such period, where did the parcels remain---Thus, the safe custody of narcotic substance and its transmission from the place of recovery to malkhana and then to the Forensic Laboratory for analysis became questionable, which created doubt---Furthermore, perusal of copy of Register No.19 showed that complainant deposited the parcels in the malkhana, which belied Moharar as well as Investigating Officer---Moreso, column Nos. 5, 6, 7 & 8 of copy of Register No.19 had been left blank, which also raised questions with regard to the evidentiary value of such documents as it offended R.22.49 of Police Rules,1934---Appeal against conviction was allowed, in circumstance.

Other judgments reported in 2025 PCRLJ

2025 PCrLJ 286 LAHORE-HIGH-COURT-LAHOREMuhammad Dilshad VS State Medical evidence---Scope---Medical evidence is a type of supporting evidence, which may confirm the prosecution ve…
2025 PCrLJ 1791 LAHORE-HIGH-COURT-LAHOREShiraz Ahmad VS State Ss. 295-A, 295-B & 295-C---prevention of electronic Crimes Act (XL of 2016), Ss. 11, 29, 44 (1) & 51---Criminal Proced…
2025 PCrLJ 1318 LAHORE-HIGH-COURT-LAHOREMuneeb Riaz VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 20, 21 & 24--- Harassing and blackmailing a woman, shari…
2025 PCrLJ 1310 LAHORE-HIGH-COURT-LAHOREShiraz Ahmad VS State Ss. 353 & 439---Penal Code (XLV of 1860), Ss.295-A, 295-B & 298-C---prevention of electronic Crimes Act (XL of 2016),…
2025 PCrLJ 526 KARACHI-HIGH-COURT-SINDHSamiullah VS State S. 497(2)---prevention of electronic Crimes Act (XL of 2016), Ss. 9, 10 & 11---Penal Code ( XLV of 1860 ), Ss. 295-A, 295…
2025 PCrLJ 526 KARACHI-HIGH-COURT-SINDHSamiullah VS State Ss. 497 & 156---prevention of electronic Crimes Act ( XL of 2016 ), Ss. 9, 10 & 11---Penal Code (XLV of 1860), Ss. 295-A,…

Back to the case-law library · Search Pakistani case law in Urdu or English