Qamar Masih vs State S — 2025 YLR 333 LAHORE-HIGH-COURT-LAHORE

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Qamar Masih VS State S. 9(c)---Possession of narcotic substance---Appreciation of evidence---Safe custody and transmission of case property to the laboratory for analysis not proved---Effect---Prosecution case was that 9060-kilograms charas was recovered from the possession of the accused---As per case of prosecution, parcel of entire statedly recovered charas was sent to the office of Chemical Examiner, and in that regard, report of Chemical Examiner was available on the record---Perusal of said report revealed that packet in the case was dispatched on 08.02.2006 from Excise and Taxation Officer, however the record did not show that when packet containing statedly recovered charas in the case was sent to the office of Excise and Taxation Officer, who took the same there and who collected it from there for submitting the same to the office of Chemical Examiner---Police Constable categorically deposed before the Court that on 14.02.2006, Head Constable/ Moharrar of the police station handed over to him one sealed parcel, which he deposited in the office of Chemical Examiner---Said witness had not stated that said parcel was at any time taken to Excise and Taxation Officer, or was collected by him from Excise and Taxation Officer, for depositing the same in the office of Chemical Examiner---Similarly, Head Constable/ Moharrar of the police stationstated that Investigating Officer handed over parcel to him on 05.02.2006 and he handed over the same on 14.02.2006 to Police Constable for its onward transmission to the office of Chemical Examiner, and he did not depose that said sealed parcel was ever sent to Excise and Taxation Officer, or was received from the office of Excise and Taxation Officer---As per own case of prosecution, entire case property was sent to the office of Chemical Examiner for analysis, however, prosecution did not produce any evidence to show that when and who brought it back from said office for production of the same before the Court at the time of recording of evidence during trial of the case---Therefore, safe custody and transmission of parcel of case property from police station to the office of Chemical Examiner, and then to Court had not been proved in the case---Appeal against conviction was allowed, in circumstances.

Qamar Masih vs State S — 2025 YLR 333 LAHORE-HIGH-COURT-LAHORE

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