Muhammad Ishaq vs State S — 2025 YLR 1774 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 1774 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Muhammad Ishaq 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

Muhammad Ishaq VS State S. 9(c)---Possession of narcotic substance---Appreciation of evidence---Entire recovery of narcotic substance doubtful---Prosecution case was that 25-kilograms baked charas was recovered from the truck driven by the accused---Recovery witness produced the recovery memo. of recovered 'charas' and produced parcel No.1, pertaining to the sample of narcotic weighing 5000 grams, whereas parcel No.2 pertaining to remaining 20,000 grams of narcotic---Parcel No.1 pertaining to the sample of narcotic weighing 5000 grams was handed over to "NA" Constable, who deposited the same in the office of Federal Narcotics Testing Laboratory, which was chemically tested and analyzed, where in the process of testing 300 grams of charas his consumed and remaining 4700 grams was returned back, but recovery witness while testifying before the Court did not mention regarding consumption and return of said samples from the office of Federal Narcotics Testing Laboratory, which was astonishing, making his statement cloudy, whereof no explanation had been offered by any of the prosecution witnesses---More-so, in the instant case, although separate sample had been drawn, but consolidated sample of 5000 grams was put in parcel No.1 and sent to Federal Narcotics Testing Laboratory, henceforth, in the attending circumstances only one kg charas could be considered to have been recovered from the appellant---Circumstances established that the prosecution had miserably failed to prove the charge against the appellant beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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