Khawaja Muhammad Asif vs State S — 2025 YLR 1819 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 1819 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Khawaja Muhammad Asif vs State S
Subject matter: Criminal
Provisions referred to: S. 9; Narcotic Substances Act

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

Khawaja Muhammad Asif VS State S. 9(c)---Possession of narcotic substances---Appreciation of evidence---Discrepancies---Accused was charged for having possession of 2300 grams charas---In the casesunder Control of Narcotic Substances Act, 1997, the prosecution must establish every step from the step of recovery, making of the sample parcel, safe custody of sample for transfer and safe transmission of the sample to the concerned laboratory---Said chain has to be established by the prosecution---If any link is missing, the benefit of the same has to be extended to the accused---However, in the present case, such chain was not in alignment---Complainant testified that private witnesses were available at the time of the arrest but were not cited as witnesses to the crime---Said witness admitted inconsistencies in the evidence, such as the missing weight of the property and the lack of a register number in the Qaimi entry---Additionally, complainant acknowledged that he prepared crucial documents under sub-optimal lighting conditions---Recovery witness contradicted the claim of complainant about the lighting conditions during the arrest---Appeal against conviction was allowed, in circumstances.

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