Muhammad Faisal vs State S — 2025 YLR 878 QUETTA-HIGH-COURT-BALOCHISTAN

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Muhammad Faisal VS State S.9(c)---Control of Narcotic Substances (Amendment) Act (XX of 2022), S. 9(1)(6)(b)---Possession and transportation of narcotic substances---Appreciation of evidence---Safe custody and transmission of the alleged recovered contraband from the spot of recovery to the Police Station and then from the Police Station till its receipt by the Forensic Science Laboratory not proved---Prosecution case was that 1800-grams charas, 200-grams crystal/ice and 300-grams intoxication tablets were recovered from the possession of accused---Police witness, who was the person who received the contraband material by the hands of complainant, prepared Register No.19 and then handed it over to the Investigating Officer for its transmission to the Laboratory for chemical analysis---Said witness stated that the Investigating Officer received samples from Malkhana on the very next day i.e. 14.09.2023, while the Investigating Officer stated that he received samples from Malkhana as 16.09.2023, whereas, the Forensic Science Laboratory Reports also depicted the date of receiving of representative samples on 16.09.2023---Thus, it appeared that the representative samples were received by the Investigating Officer on 14.09.2023 and after receiving the same, the memorandum dated 14.09.2023 was also prepared, but the samples were presented to the Chemical Examiner on 16.09.2023 with a delay of about two days---No explanation was given as to who had possession of the parcels and where they were kept for two days---Where safe custody of the recovered substance or safe transmission of the samples of the recovered substance was not established by the prosecution then it could not be held that the prosecution had succeeded in establishing its case against an accused person---Furthermore, the perusal of copy of Register-19, produced by witness, revealed said there was no entry regarding handing over the representative samples to the Investigating Officer for its transmission to the Federal Narcotics Testing Laboratory, nor any signature was taken from the Investigating Officer and said fact was admitted by the said witness---Appeal against conviction was allowed, in circumstances.

Muhammad Faisal vs State S — 2025 YLR 878 QUETTA-HIGH-COURT-BALOCHISTAN

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