Rana Farman vs State Ss — 2026 MLD 752 LAHORE-HIGH-COURT-LAHORE

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Rana Farman VS State Ss. 9(1), Sr. No. (3)(c) & 15---Possession of narcotic substance---Appreciation of evidence---Chain of safe custody---Safe custody of the recovered narcotic substance not proved---Accused was charged for having in his possession 2000-gram charas---Complainant of the casestated that on 18.10.2022, Moharrar handed over to him seven sealed parcels including two parcels of samples in this case for onward transmission to Forensic Science Agency, whereas remaining five parcels for transmission to Malkhana Saddar---Complainant deposited said two parcels of samples at the office of Forensic Science Agency, on 20.10.2022---Any plausible, convincing, valid and cogent reason for keeping both parcels of samples in this case with complainant from 18.10.2022 till 20.10.2022 and not depositing the same on 18.10.2022 or 19.10.2022 in the office of Forensic Science Agency was not discernible from the record---If for any reason whatsoever, said parcels of samples could not be deposited on 18.10.2022 or 19.10.2022, then it was mandatory for complainant to return the same to the Moharrar of the Police Station on 18.10.2022 or on 19.10.2022 for keeping the same in safe custody and then to re-collect said parcels of samples from Moharrar on the day of their deposit in the office of Forensic Science Agency i.e. 20.10.2022 but any such exercise had not been done by complainant as very fairly conceded by Prosecutor after going through entire record---Said state of affairs straightaway led to the conclusion that chain of safe custody of both parcels of samples had been compromised and not established/proved in this case---Circumstances established that the prosecution had been failed to prove its case against the appellant beyond shadow of doubt hence appeal against conviction was allowed, accordingly.

Rana Farman vs State Ss — 2026 MLD 752 LAHORE-HIGH-COURT-LAHORE

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