Citation Name: 2025 PCrLJ 977 KARACHI-HIGH-COURT-SINDHBookmark this Case Ishtiaque Ali vs State S — 2025 PCrLJ 977 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PCrLJ 977 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PCRLJ
Parties: Citation Name: 2025 PCrLJ 977 KARACHI-HIGH-COURT-SINDHBookmark this Case Ishtiaque Ali vs State S
Subject matter: Criminal
Provisions referred to: S. 8---P

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 977 KARACHI-HIGH-COURT-SINDHBookmark this Case Ishtiaque Ali VS State S. 8---Possession of Gutka---Appreciation of evidence---Safe custody and transmission of the samples to the laboratory not proved---Prosecution case was that 15 packets of Gutka were recovered from the possession of accused---Complainant deposed that Gutka was purportedly discovered on 07.11.2020, while its corresponding samples were dispatched to the office of the Chemical Examiner on 09.11.2020, thereby resulting in a delay of two days---Prosecution had failed to provide any justification for such inordinate delay in sending the sample for chemical examination---Samples from the police station to the chemical laboratory for analysis had been handed over to Police Constable, however, neither had he been cited as a witness nor examined to support the prosecution's version regarding the safe transmission of the samples to the laboratory---Thus, due to non-production of the material witness by the prosecution, no chain existed to prove the safe custody of the samples to the laboratory---Missing chain created serious doubts about the authenticity and credibility of the Chemical Report---Appeal against conviction was allowed, in circumstances.

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