2022 PCrLJ 1088
Safe custody ---Scope---Accused was alleged to have been found in possession of 1250 grams of charas---Complainant had deposited the samples in the Forensic Laboratory and after sampling for analysis, the remaining portion of case property from the applicable items was sealed and handed over by Forensic Laboratory to the evidence submitting person but the prosecution did not produce any witness to prove that the case property was delivered back to Moharir or anybody else---Safe custody of the case property/sample, after sampling by the Forensic Laboratory till production in the Court, could not be proved---Since prosecution had failed to prove its case against the accused beyond shadow of doubt, therefore, there was no need to discuss the defence version--- If Safe custody of allegedly recovered substance/case property has not been proved in narcotics cases, then, there is no need to discuss other merits of the case and it straightaway leads to the acquittal of the accused.
2022 PCrLJN 3
Possession of narcotics---Appreciation of evidence---Benefit of doubt---Scope---Accused was alleged to have been found in possession of four kilograms of charas---Investigating Officer/complainant had specifically stated before the Trial Court that all the sealed parcels were stamped with marks but when the parcel consisting of case property was shown to him during his deposition, he admitted that this was not the parcel which he had prepared, sealed and stamped, meaning thereby that the parcel consisting of case property tendered by the prosecution before the Trial Court was not the same, which was prepared and secured by the Investigating Officer at the crime scene---Similar was the position of Moharrar---Prosecution had failed to prove Safe custody of the contraband right from its recovery, converting into parcel, keeping it with the police and its onward transmission to the Trial Court---Appeal against conviction was allowed, in circumstances.
2021 YLR 766
Safe custody ---Scope---Accused was alleged to have been found in possession of 1630 grams of charas---Statements of recovery witnesses were coherent and enthused sureness--- Prosecution witnesses had supported each other on all significant facts, including date, time, place of occurrence, quantity of the recovered narcotic and the manner in which the recovery was affected---First Information Report was lodged within a short span of time---Prosecution had successfully proved the Safe custody ; deposit of case property from the place of occurrence to the police station and from police station to the Forensic Laboratory---Prosecution had successfully proved its case against the accused beyond any shadow of doubt---Appeal against convic-tion was dismissed, in circumstances.
2021 YLR 443
Safe custody ---Scope---Accused was alleged to have been found in possession of 15 kilograms of "doday of poast"---Sample-bearer had kept the sample parcel in his possession for one day---Date of submission of sample in the Forensic Laboratory given by sample-bearer was contradicted by the Forensic Laboratory---Safe custody of the sample parcel could not be said to have been proved, rendering the prosecution's case to be doubtful and under the law, the doubt was always resolved in favour of the accused---Appeal against conviction was allowed, in circumstances.
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