Citation Name: 2025 YLR 1765 KARACHI-HIGH-COURT-SINDHBookmark this Case Gulzar Hussain vs State S — 2025 YLR 1765 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 1765 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Citation Name: 2025 YLR 1765 KARACHI-HIGH-COURT-SINDHBookmark this Case Gulzar Hussain vs State S
Subject matter: Criminal
Provisions referred to: S. 497---C; S. 9; Narcotic Substances Act (XXV of 1997)

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 1765 KARACHI-HIGH-COURT-SINDHBookmark this Case Gulzar Hussain VS State S. 497---Control of Narcotic Substances Act (XXV of 1997), S. 9(b)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4(2)---Possession of 3000 grams hemp/bhang---Bail, grant of---Non-association of private witnesses during recovery proceedings---Delay in sending samples to the Forensic Science Laboratory---As per the prosecution and memo. of occurrence the recovery was allegedly made from the accused from a densely populated street, but no private persons were cited as witnesses---First Information Report was registered on 27-01-2025, while the contraband sample was sent to the Chemical Examiner on 12-02-2025, resulting in a delay of 15 days without any explanation---Investigation Officer failed to adhere to the strict compliance of the provisions of Control of Narcotics Substances (Government Analysts) Rules 2001, particularly sending of sample for analysis after more than 03 days---As per R.4 of the Control of Narcotics Substances (Government Analysts) Rules, 2001, the recovered contraband needs to besent by Investigation agency within 3 days from the date of recovery to the laboratory, whereas in instant case, such requirement had not been complied with by the investigation agency, which created serious doubt upon prosecution case until and unless it gave cogent reasons for such delay---Witnesses cited in FIR were police officials, hence there was no apprehension of tampering with the evidence---Accused had made out a case for grant of post arrest bail---Accordingly, bail application was allowed and accused was admitted to post arrest bail.

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