Shaukat Ali vs State S — 2025 YLR 1694 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 1694 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Shaukat Ali vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 161

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

Shaukat Ali VS State S. 9(1), Sr. No. 3(a)---Possession and transportation of narcotic substances---Appreciation of evidence---Safe transmission of the recovered substance doubtful---Prosecution case was that the accused was found in possession of 230-grams baked charas---As per prosecution version, after recovery of the alleged contraband material and separation, the representative samples were handed over to a Police Constable for its transmission to the Chemical Examiner, while his name was also appearing in the Forensic Science Laboratory Report, but neither the statement of said Police Constable was recorded under S.161, Cr.P.C nor he was produced before the Court as a witness, thus, inference could easily been drawn that the prosecution had failed to prove the element of safe transmission---As a result, the prosecution failed to prove that the sample parcels were handled carefully and sent securely---Said flaw on the side of the prosecution was enough to give the appellant the benefit of the doubt---Appeal against conviction was allowed, in circumstances.

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