Mst. Noor Jahan vs State S — 2025 YLR 2689 KARACHI-HIGH-COURT-SINDH

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Mst. Noor Jahan VS State S. 9(1), Sr. No. (3)(c)---Possession of narcotic substances---Appreciation of evidence---Safe custody and transmission of the alleged recovered contraband from the spot of recovery to the Police Station and then from the Police Station till its receipt by the Forensic Science Laboratory not proved---Prosecution case was that 2050-grams charas was recovered from the possession of accused-appellant---Record showed that alleged charas weighing 2050 grams was effected from the appellant on 04.12.2022 and Investigating Officer sent case property on 05.12.2022 for its chemical examination---However, according to Investigating Officer he wrote a letter to SDPO for obtaining necessary permission to send the case property for chemical examination and he had produced such letter which, reflected that on 05.12.2022 through Head Constable the case property/Chars was sent to the office of Chemical Examiner, report received from office of Chemical Examiner reflected that Chars was received on 09.12.2022 with memorandum of dated 05.12.2022 through Head Constable---However, during the evidence, the Investigating Officer of the case had tried to clarify that on 09.12.2022 after obtaining the case property from Incharge Malkhana of Police Station, he handed over to Head Constable for depositing the same in the office of Chemical Examiner for its examination and report---However, it was not clear that after receiving the property from the Investigating Officer, Head Constablehad again deposited the same in the Malkhana or not---Thus, it had not been established by the prosecution that where and whose custody the sample parcel remained from 04.12.2022 to 09.12.2022, therefore, safe custody and safe transmission was not proved---Moreover, it was also shrouded in mystery as to where and in whose custody the sample parcel remained---So the safe custody and safe transmission of the sample parcels was not established by the prosecution and this defect on the part of the prosecution by itself was sufficient to extend benefit of doubt to the appellant---Appeal filed by appellant against his conviction was allowed, in circumstances.

Mst. Noor Jahan vs State S — 2025 YLR 2689 KARACHI-HIGH-COURT-SINDH

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