Citation Name: 2025 PCrLJ 756 KARACHI-HIGH-COURT-SINDHBookmark this Case Ahmed Khan vs State S — 2025 PCrLJ 756 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PCrLJ 756 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PCRLJ
Parties: Citation Name: 2025 PCrLJ 756 KARACHI-HIGH-COURT-SINDHBookmark this Case Ahmed Khan 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 756 KARACHI-HIGH-COURT-SINDHBookmark this Case Ahmed Khan VS State S. 9(c)---Possession of narcotic substances---Appreciation of evidence---Safe custody of the parcels of the contraband not proved---Prosecution case was that 2940 grams charas was recovered from the possession of the accused---Alleged case property was recovered from the appellant on 09.08.2023, and on the same day, it was deposited at Malkhana, and such entry in Register No. 19 was made---Examination of the said entry lacked a clear indication of the time, date, month, and year of its recording, thereby giving rise to doubt regarding its authenticity---According to the Chemical Examiner Report dated 30-08-2023, the case property was received on 16-08-2023, along with a memorandum [ Road Certificate] No 77 dated 10-08-2023---Perusal of Memorandum No. 77, revealed that the case property was handed over to Police Constable on 10-08-2023 for depositing the same to the Chemical Examiner, but the same was deposited on 16-08-2023---Prosecution failed to justify where and with whom the case property was kept during that interval period---Prosecution was under an obligation to prove a chain of safe custody for sample parcels, which commenced from the seizure of narcotics by the police, including their dispatch to the Malkhana and subsequent transmission to the testing laboratory---Hence, the prosecution failed to establish safe custody and transmission of the parcels---Appeal against conviction was allowed, in circumstances.

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