MUHAMMAD NASIR vs State — 2026 SCMR 224 SUPREME-COURT

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MUHAMMAD NASIR VS State. S. 9(c)---Possession of narcotic substances---Reappraisal of evidence---Safe custody of recovered narcotic and sample not established---Prosecution case was that 26-kilograms charas in 26-packets was recovered from the vehicle of the accused-petitioner---Complainant had admitted during the cross-examination that he had not mentioned the name of the petitioner as the one who was driving the car though he was statedly a driver but without any license---Complainant admitted that besides the place of occurrence, there was a big building of school and college where CCTV cameras might have been installed but he did not confirm it and did not collect any footage---Complainant did not specifically name the person to whom he had handed over the case property as well as the sample parcels---Recovery witness also had not stated that the petitioner was driving the vehicle and had also not stated the person to whom the sample parcels were given---Investigating Officer did not witness the charas at the time of recovery as it was already sealed into parcel and that he only handed over to Moharrir the copy of FIR, Murasila, card of arrest and recovery memo---On the other hand Moharrir stated that complainant handed over to him parcels 1 to 27 which he kept in the Malkhana of police station and made entry in Register No. 19 (not produced) but the fact of handing over of the case property was not stated by the complainant---Likewise, Police Constable stated that he had carried parcels Nos. 1 to 26 to Forensic Science Laboratory and received acknowledgment but admitted that he had not mentioned that the said Moharrir had given him road certificate or sample parcels---Said witness also admitted that he had not signed Register No. 19---It was notable that neither Moharrir stated that he had handed over the parcels to Police Constable nor said Constable specifically named the said Moharir who had handed over the said sample parcels---Said fact clearly broke the chain of safe custody which was mandatory for the ends of justice to establish the prosecution case against the petitioner beyond reasonable doubt---In the narcotic cases right from the recovery of the contraband to the delivery of the case property in the Court, a long chain of unbroken safe custody has to be proved---Prosecution had, therefore, not been able to prove the case against the petitioner beyond reasonable doubt since the recovery of substance from the possession of the petitioner as narcotic had not been proved---Petition was converted into an appeal and, was allowed, in circumstances and petitioner was acquitted of the charge.

MUHAMMAD NASIR vs State — 2026 SCMR 224 SUPREME-COURT

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