IRSHAD KHAN vs STATE — 2026 SCMR 87 SUPREME-COURT

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IRSHAD KHAN VS STATE. Ss. 9-D, 46 & 47---Recovery of narcotic substance---Re-appraisal of evidence---Forensic Science Laboratory Report---Collective analysis of material recovered---Benefit of doubt. Three packets of chars weighing 3013 grams and twenty chunks of opium weighing 24885 grams were recovered from accused. Trial Court convicted the accused and sentenced him to imprisonment for life. Held: Report of Forensic Science Laboratory reflected that collective analysis of twenty parcels of opium and three parcels of chars was done. Neither the samples were tested separately nor individual report of each sample was prepared. This was violative of the principles laid down by Supreme Court. Collective forensic report not only reduced credibility of chemical examination but also raised serious doubts regarding representative nature of samples sent for chemical analysis. The purpose of sending samples for forensic examination was to establish that the recovered substance was the same substance which was seized from the accused and that the samples represented the entire recovered quantity. Recovered substance was sealed with a monogram reading as "MN", unrelated to any officer or witness involved in the case, and such fact remained unexplained by the prosecution. Such unexplained discrepancy further created doubt regarding the safe custody and authenticity of the recovered material. There were serious procedural violations, absence of credible forensic evidence and dents in prosecution's case. The prosecution was required to prove its case beyond reasonable doubt, but the deficiencies in the forensic process created substantial doubt regarding the alleged recovery. Supreme Court held that where forensic evidence suffers from procedural defects and collective testing of separate parcels is conducted without individual analysis, such evidence loses its reliability and cannot form the basis of conviction. Supreme Court set aside conviction and sentence awarded to accused and he was acquitted of the charge, as prosecution was not able to prove its case against accused beyond a shadow of doubt. Appeal was allowed.

IRSHAD KHAN vs STATE — 2026 SCMR 87 SUPREME-COURT

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