State vs Safiullah Khan alias Gura S — 2025 YLR 506 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 506 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: State vs Safiullah Khan alias Gura S
Subject matter: Criminal
Provisions referred to: S. 9; S. 417---P; Criminal Procedure Code (V of 1898)

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

State VS Safiullah Khan alias Gura S. 9(d)---Control of Narcotic Substances (Government Analysts) Rules, 2001, Rr. 5 & 6---Criminal Procedure Code (V of 1898), S.417---Possession of narcotic substances---Appeal against acquittal---Report of Government Analyst---Protocols used, non-indication of---Effect---Accused was charged for having possession of 1020 grams charas---On perusal of the Forensic Science Laboratory Report it transpired that test protocols that were applied to carry out the test were missing, therefore, the mandatory requirement of law provided by Rule 6 had not been complied with in its letter and spirit---Non-compliance of the ibid Rule would render the said report inconclusive, suspicious and untrustworthy and the same could not be relied upon---On one hand the prosecution failed to send the samples to the Forensic Science Laboratory within due time or to prove safe custody, and on the other the Report of the Government Analyst in the present case did not specify the protocols of the tests applied and it did not meet the requirements of the law---Circumstances established that the prosecution had failed to prove its case against the convict/respondent beyond reasonable doubt---Appeal against acquittal was dismissed accordingly.

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