Zeeshan vs State Ss — 2026 PCrLJ 317 LAHORE-HIGH-COURT-LAHORE

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

Zeeshan VS State Ss. 9(b) & 9(c)---Possession of narcotic substance---Appreciation of evidence---Safe custody of the case property not proved---Prosecution case was that 25000-grams chars in 23 packets and 16000-grams opium in 16 packets were recovered from secret cavities of vehicle driven by accused---Record showed that complainant of the case categorically stated that he on 20.01.2021 after receiving the case property from Moharrar deposited the same in Maalkhana Saddar---Similarly, Moharrar of the Police Station stated that on 20.01.2021, he handed over remaining case property to complainant of the case for depositing the same in Malkhana Saddar---However, prosecution had not produced Incharge of Maalkhana Saddar or any other official from there to prove that remaining case property was received or kept over there in safe custody and this fact had been fairly conceded even by the Prosecutor after going through the record---In such circumstances, "safe custody" of the "parcels of remaining case property" had not been proved by the prosecution---Unbroken chain of safe custody of "allegedly recovered case property and parcels of samples" was to be proved, otherwise conviction was not possible and it was rightly so because recovery of narcotic was a mere corroboratory piece of evidence rather it constituted the offence itself and entailed punishment---However, conviction recorded against the appellant regarding charas and opium under S.9(c) of the Control of Narcotic Substances Act, 1997, was maintained to the extent of charas whereas it was converted to conviction under S.9 (b) of the Act ibid to the extent of opium---Thus, as per the sentencing policy, the appellant was sentenced to R.I. for 01 year and 08 months along with fine of Rs.7,000/- for recovery of 797.32 grams opium whereas for recovery of 1256.95 grams charas he was sentenced to R.I. for a period of 04 years and 06 months with fine of Rs.20,000/---With said modification in sentence, appeal against conviction was partly allowed.

Zeeshan vs State Ss — 2026 PCrLJ 317 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2026 PCRLJ