2021 YLR Note 131
Possession of narcotics---Appreciation of evidence---Safe custody and transmission of samples of the narcotic from the police to the Chemical Examiner not established---Effect--- Accused was apprehended having a black colour shopping bag in his right hand containing charas weighing 1045 grams---Record showed that the complainant on the day of occurrence, after completion of recovery proceedings confined the accused in the lockup of the police station and handed over the case property to the Moharrer Malkhana---Said Moharrer Malkhana stated that complainant handed over to him two sealed parcels containing charas 110 grams and 93 grams, which were kept by him in malkhana in safe custody---Moharrer Malkhana, after two days handed over one sealed parcel said to containing charas weighing 110 grams to a Constable for its onward transmission to the office of Chemical Analysis but as per the report of Forensic Science Agency, said Constable deposited the sample parcel in the said agency for chemical analysis with the delay of two days---Said Constable/witness had also not been examined by the prosecution and was given up being unnecessary, hence non-production of the said material witness cast serious doubt on the prosecution case--Withholding of the important evidence in the peculiar çircumstances of the case led to draw an adverse inference against the prosecution keeping in view Art. 129(g) of Qanun-e- Shahadat, 1984--- Circumstances proved that the prosecution had not been able to establish that after the alleged recovery the substance so recovered was either kept in safe custody or that the sample taken from the recovered substance had safely been transmitted to the office of Forensic Science Agency--- Safe transmission of the parcel said to contain charas became doubtful in circumstances---Appeal against conviction was allowed, in circumstances.
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