IRSHAD KHAN vs State Criminal proceedings — 2026 SCMR 87 SUPREME-COURT

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IRSHAD KHAN VS State Criminal proceedings---Maxim "communi observantia non est recedendum"---Applicability---Principle of criminal jurisprudence arising out of maxim "communi observantia non est recedendum" means that when the law prescribes a specific procedure, it must be followed accordingly; any deviation renders the act questionable. 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---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 had raised serious doubts regarding representative nature of samples sent for chemical analysis---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 prosecution---There were serious procedural violations, absence of credible forensic evidence and dents in prosecution's case---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 Criminal proceedings — 2026 SCMR 87 SUPREME-COURT

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