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

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Muhammad Ishaq VS State S. 9(c)---Possession of narcotic substance---Appreciation of evidence---Safe custody of recovered substance and its safe transmission to the laboratory not proved---Prosecution case was that 25-kilograms baked charas was recovered from the truck driven by the accused---Prosecution in order to establish the safe custody and transmission of the narcotics mainly relied upon the statement of recovery witness, who testified that after the registration of the FIR, the investigation was assigned to Investigating Officer, who handed over him parcel Nos.1 and cash amount of Rs.4300/- and a spare wheel which were kept by him in the malkhana, but did not mention about the date on which he received the same from Investigating Officer---On 20.01.2022 parcel No.1, pertaining to 5000 grams of 'charas' was handed over to "NA" Constable on the directions of the Investigating Officer for onwards submission to the office of Federal Narcotics Testing Laboratory for chemical analysis, whereof positive report dated 25.01.20232 was received---Prosecution witness neither mentioned that he made entry of the recovered articles in Register No.19 nor produced the extract and copy of the said register and also admitted in his statement recorded under S.161 of Cr.P.C that neither Investigating Officer obtained or demanded any extract of the certified copy of the said register nor he obtained any receipt from "NA" Constable regarding deposit of parcel No.1 in the office of Federal Narcotics Testing Laboratory, for chemical analysis, which put a severe dent into the entire process of safe custody and transmission of the narcotic---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.

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

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