Although, the narcotics analysis report reveals that it was 5.83 grams off white powder heroin 0.83 increased in weight of original sample heroin with name of PW-5 in the column of the official who submitted the sample.
It is also worth mentioning that in the recovery memo the monogram was not affixed, therefore, while relying upon case titled ““Faizan Ali Vs. The State” reported as 2019 SCMR 1649 and case titled “Akhtar Iqbal Vs. The State” reported as 2015 SCMR 291, the prosecution lacunas are fatal.
In such like incident, the CCTV footages are mandatory which rule out the possibility of false implication to a good extent. Pervaiz Ahmad Qazim Inspector/PW-5 after giving the complaint (Exh.PE) in the office of Custom House went back to his place of duty without handing over the recovered narcotics. Muhammad Yousaf Khan Superintendent/PW-2 could not produce the relevant portion of the register with specific reference to receive the parcels of sample as well as bulk of heroin. The investigating officer/PW-8 did not state that he delivered the samples in the office of Chemical Examiner. The complainant should have made his statement that he delivered the sample in the office of Chemical Examiner. The complainant should have stated that he has deposited the case property in the office of Custom House. The appellant whose suitcase allegedly contained heroin was searched by Naheed Akhtar lady constable who was not produced in evidence. Such are the lacunas in the prosecution case which cannot be ignored, therefore, obviously we can safely conclude that the prosecution has failed to bring whom the guilt against the appellant.
Criminal Appeal No.19382 of 2019
(Tereze Hluskova Vs. The State etc.)
Criminal Appeal No.23646 of 2019
(The State through Collectorate Custom Vs. ASJ etc.)
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