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Muhammad Qaseem vs State S — 2025 PCrLJ 328 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 PCrLJ 328 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
PCRLJ
Parties
Muhammad Qaseem 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 Qaseem VS State S.9(1)3(e)---Possession and transportation of 40 kilograms Charas---Appreciation of evidence---Safe custody and safe transmission of the narcotics for analysis not established---Prosecution case was that 40-kilogram Charas in 40 packets was recovered from secret cavity of the vehicle driven by accused---In order to substantiate the safe custody and transmission of the narcotic, the prosecution produced Head Constable; he testified that on 01.12.2022, Investigating Officer handed over to him parcels Nos.1 to 40 & 1-A to 40-A, whereof he made entry in Register No.19 at serial No.1102 and that on 03.12.2022, at 11:00 am, he handed back parcel Nos.l to 40 to Investigating Officer for onward transmission to the Narcotics Testing Laboratory for chemical analysis---Said witness produced copy of relevant page of Register No.19; the perusal of column Nos.5, 6, 7 & 8 of the said page of Register No.19 showed that the same had been left blank, which raised questions with regard to the evidentiary value of such documents as it offended Rule 22.49 of Police Rules, 1934---Investigating Officer produced positive Narcotics Testing Laboratory Reports---Record reflected that the recovery was effected on 01.12.2022, but the office of Narcotics Testing Laboratory received the parcels on 03.12.2022, whereof no explanation had been offered by any of the prosecution witness, which put a severe dent into the entire process of safe custody and transmission of the narcotic from the place of recovery to the malkhana and then its onward transmission to Narcotics Testing Laboratory---Thus the entire case of the prosecution fell on the ground---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2025 PCRLJ

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