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---Appreciation of evidence---Appeal against acquittal---Safe custody of the narcotic substances not proved---Accused was charged for having possession of 1020 grams charas---Record showed that the sample was sent to the Forensic Science Laboratory with a delay of 14 days, in violation of r.4(2) of Control of Narcotic Substances (Government Analysts) Rules, 2001, for which the prosecution had not given any plausible explanation, which aspect of the case had casted serious doubt on the prosecution case as to its accuracy---Moreover, the sample was handed over to the Constable, on 15.01.2020, but he produced the same before the Forensic Science Laboratory on 16.01.2020, and when he was questioned that why the sample was received at the Forensic Science Laboratory on 16.01.2020, instead of 15.01.2020, his answer was that due to rush at the laboratory, he was unable to deposit the same in time---Such explanation did not appeal to a prudent mind and seemed to be a vague excuse and cast a serious dent with respect to safe custody of the sample during the period---Whole case of the prosecution rested on the recovery of contraband and its safe transmission from the spot to the police station and from the police station to the Forensic Science Laboratory---Prosecution failed to establish chain of safe custody of narcotics---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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