Citation Name: 2025 YLR 1409 KARACHI-HIGH-COURT-SINDHBookmark this Case Irfan alias Jalal vs State S — 2025 YLR 1409 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 1409 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Citation Name: 2025 YLR 1409 KARACHI-HIGH-COURT-SINDHBookmark this Case Irfan alias Jalal 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 YLR 1409 KARACHI-HIGH-COURT-SINDHBookmark this Case Irfan alias Jalal VS State S. 9(c)---Possession of narcotic substance---Appreciation of evidence---Safe custody of case property in the police station and its safe transmission to the laboratory not proved---Prosecution case was that 2-kilogram charas was recovered from the possession of accused---In the present case, the evidence of the seizing officer complainant author of FIR, investigation officer custodian of store room (Malkhana) showed out that he had not produced the case property and he had not given direct evidence about production of case property---Said witness had just unrealistically identified case property when, it was de-sealed at the request of State Prosecutor---Nothing was brought on record as to how the case property had been presented in Trial Court except the attribution by the State Prosecutor---After perusal of evidence on record, it was found that the prosecution had failed to demonstrate safe custody of case property (contraband) to the police station as well as safe transmission of case property to the office of Chemical Analyst and its subsequent production before the Trial Court---No explanation or reason was available on record for failure to establish and follow accuracy in description, safe custody, it's safe transmission and subsequent safe return for production before the Court backed by the mandatorily required documentation---Such fact led to a conclusion that the defence had shattered the prosecution evidence---Appeal against conviction was allowed, in circumstances.

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