Sajjad Khan vs State S — 2025 PCrLJ 1666 QUETTA-HIGH-COURT-BALOCHISTAN

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Sajjad Khan VS State S. 9(2), Sr. No. 9 ---Possession of narcotic substance---Appreciation of evidence---Benefit of doubt---Safe custody and safe transmission of narcotic substances not proved---Prosecution case was that 06 kilograms crystal was recovered from the secret cavities of the vehicle driven by the accused---According to the statement of the Incharge Malkhana, he on 31st March 2024 received the parcels from Investigating Officer and he made entries whereof in the Register No.19---Said witness admitted that the Investigating Officer did not sign the Register No.19---Said witness further admitted that the produced Register No.19 was not prepared according to Police Rules rather the same was manually made in a plain paper---Said witness stated that the produced Register No. 19 was silent with regard to transmission of sealed parcels for Forensic Science Laboratory---Besides, perusal of Register No.19 showed that the column No.1 whereof with regard to handing over the parcels to any personnel of the police for onward transmission to the office of Chemical Expert was blank---Besides, the columns 5 & 6 of the Register No.19, which provided that every article placed in the store-room shall be entered and removal of any such articleshall be noted in the appropriated column, but in the case in hand, the perusal of Register No.19 did not bear the signatures of handing & taking over the samples---Even otherwise, the same did not contain the name of officials, who took over the case property for onward transmission---Thus, said material discrepancies showed that the prosecution had compromised the safe custody of the narcotics and created a reasonable doubt in the case of the prosecution---Appeal against conviction was allowed, in circumstances.

Sajjad Khan vs State S — 2025 PCrLJ 1666 QUETTA-HIGH-COURT-BALOCHISTAN

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