Citation Name: 2025 YLR 977 KARACHI-HIGH-COURT-SINDHBookmark this Case Zohaib Ali Samo vs State S

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Citation Name: 2025 YLR 977 KARACHI-HIGH-COURT-SINDHBookmark this Case Zohaib Ali Samo VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Safe custody and safe transmission of the narcotic substances not proved---Prosecution case was that 1780-grams charas was recovered from the possession of accused---Complainant had deposed that he brought accused and case property at Police Station where he lodged the FIR against him---Nowhere he had deposed that either he deposited charas with the Incharge of Malkhana or handed it over to the Investigating Officer of the case---Police Constable/mashir had also neither deposed that charas was deposited with the Incharge of Malkhana nor it was handed over to the Investigating Officer---However, Investigating Officer deposed that charas was deposited in the Malkhana---Record reflected that alleged recovery was effected on 11.10.2022, whereas sample parcels were received in the office of Chemical Examiner on 12.10.2022 without any plausible explanation as to where they remained from 11.10.2022 to 12.10.2022---Prosecution had failed to establish safe custody and safe transmission of the sealed sample parcels to the Chemical Examiner as Moharrar, who kept the sample parcel in the Malkhana and Police Constable, who delivered the sample parcel to the office of Forensic Science Laboratory, were not produced by the prosecution---Chain of safe custody and safe transmission of narcotics must be safe and secure because, the Report of Chemical Examiner enjoys very critical and pivotal importance under the Act, 1997 and the chain of custody ensures that correct representative samples reached the office of the Chemical Examiner---Any break or gap in the chain of custody i.e. in the safe custody or safe transmission of the narcotic or its representative samples made the report of the Chemical Examiner unsafe to justify conviction of the accused---Prosecution, therefore, has to establish that the chain of custody remained unbroken, safe, secure and indisputable in order to be able to place reliance on the report of the Chemical Examiner---However, the facts of the present case revealed that the chain of custody had been compromised, therefore, reliance could not be placed on the report of the Chemical Examinerto support conviction of the appellant---Appeal against conviction was allowed, in circumstances.

Citation Name: 2025 YLR 977 KARACHI-HIGH-COURT-SINDHBookmark this Case Zohaib Ali Samo vs State S — 2025 YLR 977 KARACHI-HIGH-COURT-SINDH

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