Mst. SHAHIDAH BIBI vs State S — 2025 YLR 867 LAHORE-HIGH-COURT-LAHORE

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Mst. SHAHIDAH BIBI VS State S. 9(1)(3)(c)---Possession of narcotic substance---Appreciation of evidence---Safe transmission of recovered substances to laboratory not proved---Prosecution case was that 1500-grams charas was recovered from the possession of accused---Perusal of the report of Forensic Science Agency, revealed that parcel of sample was received there on 26.12.2022 from ASI, however Moharrir while appearing in the witness box had clearly deposed during cross-examination that on 26.12.2022, he handed over the sample parcel to ASI, at 6/6:15 p.m.---Said witness was neither re-examined nor asked questions under Art. 150 of Qanun-e-Shahadat Order, 1984, on that point---Undoubtedly, the case pertained to District "F" whereas Forensic Science Agency was situated in "L" where parcel of sample was deposited and question arose that if parcel of sample was handed over by Moharrir to ASI on 26.12.2022 at 6/6.15 p.m., then how said parcel was received on the same day i.e. on 26.12.2022 in the office of Forensic Science Agency---Prosecutor could not refer any material to answer said question and such mystery could not be resolved, which had compromised the safe transmission of parcel of sample to Forensic Science Agency---Nutshell was that safe custody of parcel of case property as well as parcel of sample had not been proved---Since safe custody of the allegedly recovered charas and sample taken out of it had not been proved in the case, therefore, report of Forensic Science Agency was inconclusive and could not be made basis for conviction---Circumstances established that prosecution had been failed to prove its case against the appellant beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

Mst. SHAHIDAH BIBI vs State S — 2025 YLR 867 LAHORE-HIGH-COURT-LAHORE

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