BASHIR AHMED vs State S — 2025 YLR 777 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 777 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: BASHIR AHMED vs State S
Subject matter: Criminal
Provisions referred to: S. 9

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

BASHIR AHMED VS State S. 9(c)---Possession of narcotic substances---Appreciation of evidence---Safe custody of narcotic substances and its transmission to the laboratory not proved---Six packets of crystal, four packets of opium, twenty two packets of sheesha and four packet of heroin were recovered from the vehicle driven by the appellant---Malkhana in-charge testified that on 05.03.2023, Investigating Officer handed over to him parcels Nos. 1 to 40, which he kept in the Malkhana---Said witness did not state in his examination-in-chief regarding making entry in Register No.19---Said witness neither produced copy of relevant page of Register No.19 nor did he state that when did he hand over the said parcels to Constable, who took the said parcels to Forensic Science Laboratory---Malkhana in-charge also admitted that he did not make any entry in the Roznamcha, whilst handing over the parcels to Constable and when receiving them back after the chemical analysis---Constable during his examination-in-chief stated that before departing to the laboratory his entry was made in the Roznamcha, contradicting the malkhana in-charge---Recovery was effected on 05.03.2023, but the parcels were sent to Forensic Science Laboratory on 13.03.2023---No explanation had been offered by the prosecution witnesses for such delay, making the entire process of safe custody and transmission of the narcotics from the place of recovery to the Malkhana and then its onward transmission to Forensic Science Laboratory doubtful---Appeal against conviction was allowed, in circumstances.

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