Citation Name: 2025 PCrLJ 1518 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Sadique vs State S — 2025 PCrLJ 1518 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PCrLJ 1518 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PCRLJ
Parties: Citation Name: 2025 PCrLJ 1518 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Sadique 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

Citation Name: 2025 PCrLJ 1518 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Sadique VS State S. 9(c)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Possession of narcotic substance---Appreciation of evidence---Malkhana Incharge not presented for evidence---Adverse presumption---Effect---Prosecution case was that 36-kilograms opium was recovered from the truck of the accused-appellants---Prosecution was under legal obligation to examine Malkhana Incharge in order to prove safe custody particularly when there was unexplained delay in sending samples to Chemical Examiner---Withholding such crucial evidence inferred an adverse presumption under Art. 129 (g) of the Qanun-e-Shahadat, 1984---Non-production of such important witness inferred two possibilities, that if that witness had been produced he would have not supported the case of prosecution and or no such witness was in existence---Appeal against conviction was allowed, in circumstances.

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