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Naseem Kousar vs State Ss — 2026 PCrLJ 259 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2026 PCrLJ 259 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2026
Reporter
PCRLJ
Parties
Naseem Kousar vs State Ss
Subject matter
Criminal
Provisions referred to
S. 29; Narcotic Substances Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Naseem Kousar VS State Ss. 9(c) & 29---Possession of narcotic substances---Appreciation of evidence---Benefit of doubt---Presumption as to the guilt of accused---Scope---Prosecution case was that 2200 grams heroin in two packets was recovered from the possession of accused-appellant---In the present case, the prosecution failed to establish the foundational facts necessary to invoke the presumption under S.29 of the Control of Narcotic Substances Act---Although it produced oral testimony regarding the recovery and movement of the case property, it did not tender any documentary evidence to prove its safe custody or secure transmission---Specifically, it failed to produce extracts from the Register Nos. II and XIX of the police station, or the Road Certificate, as required under the law---As aresult, the safe custody of the seized narcotic as well as the secure transmission of the representative samples to the Forensic Science Agency remained unproven---Mere production of a positive report from the Forensic Science Agency did not cure that omission, as it could not establish the integrity of the chain of custody---As adumbrated, such a report carried evidentiary value only when it was shown that the seized narcotic was preserved and transmitted to the laboratory in accordance with the prescribed procedure---Therefore, the presumption of guilt never arose in the case and the burden remained on the prosecution to prove its case beyond areasonable doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2026 PCRLJ

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