ABDUL HAQ vs State S — 2025 SCMR 751 SUPREME-COURT

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ABDUL HAQ VS State S. 9(1)(d)---Recovery of narcotic substance---Re-appraisal of evidence---Chain of custody---Scope---Opium weighing 16215 grams was allegedly recovered from accused while transporting the same in a car---Trial Court convicted the accused and sentenced him to imprisonment for life---Validity---For justifying conviction of accused, prosecution had to establish that chain of custody was safe, secure and indispensable in order to place reliance on the report of Chemical Examiner---Prosecution failed to establish such chain of safe custody and transmission of samples of narcotic from place of seizure to police station and thereafter to Chemical Examiner---Sanctity of chain of transmission stands as the cornerstone for maintaining integrity and evidentiary credibility, particularly in narcotics cases where law imposes severe and inexorable punishments---Any rupture or inconsistency in chain of custody strikes at the root of prosecution's case rendering evidence susceptible to doubt and challenge---Prosecution bears burden of ensuring unbroken, meticulously documented chain of custody so as to preclude any possibility of tampering, substitution or contamination---If prosecution fails to establish an unbroken chain of transmission of narcotic sample and any breakage or discrepancy is observed in custody of removed substance, the benefit of such lapse must necessarily be extended to accused---When prosecution's evidence is tainted with doubt, scales of justice must tilt in favor of accused---Any failure to prove safe and continuous handling of narcotic sample from seizure to forensic analysis, not only weakens prosecution's case, but also vitiates reliability of evidence entitling accused to benefit of doubt---Supreme Court set aside conviction and sentence awarded to accused and he was acquitted of the charge---Appeal was allowed.

ABDUL HAQ vs State S — 2025 SCMR 751 SUPREME-COURT

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