Muhammad Tanveer alias Tannu vs State S — 2026 MLD 272 LAHORE-HIGH-COURT-LAHORE

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Muhammad Tanveer alias Tannu VS State S. 9(1) Sr. No.(3)(c)---Possession of narcotic substances---Appreciation of evidence---Benefit of doubt---Safe custody and safe transmission of the case property and sample parcels not established---Prosecution case was that 1700-grams charas was recovered from the possession of the accused-appellant---According to the statements of the prosecution witnesses, the recovered narcotic substance was in the shape of two pieces and samples from each of the two pieces were drawn, separated and secured by way of two separate sealed parcels on 24.08.2023 and on the same day Investigating Officer deposited the said two sealed parcels, said to contain the samples in the Police Station, however, after their deposit in the Police Station on 24.08.2023, the said two sealed parcels were handed over to Investigating Officer by Head Constable on 21.09.2023---No explanation for said delay in handing over the sealed parcels, said to contain the samples, much less plausible had been furnished by the prosecution---Such an inordinate delay in handing over the sealed parcels of the samples, to the Forensic Science Agency inevitably casted a deep shadow of doubt on the integrity and the authenticity of the safe custody of the said parcels and made the report of the Forensic Science Agency highly doubtful, as under the law it was necessary that the said report of Forensic Science Agency not only be produced before the Trial Court but also be duly proved and term 'duly proved' means that the safe custody and transmission of aparcel, whereby the items were sent for analysis to the Forensic Science Agency, was also proved, which in this case the prosecution had not been able to do so---Appeal against conviction was allowed, in circumstances.

Muhammad Tanveer alias Tannu vs State S — 2026 MLD 272 LAHORE-HIGH-COURT-LAHORE

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