2021 MLD 928
Safe custody of contraband substance by police and transmission of samples to the Chemical Examiner not established---Effect---Prosecution case was that 1400 grams of charas was recovered from the possession of the accused---Official witness/constable while appearing in the dock stated in unequivocal terms that no entry in the Station Diary/Rozenamcha was made about the receipt of case property for placing in Safe custody ---Prosecution in such state of affairs, failed to prove the Safe custody as well as the safe transmission of the alleged narcotic substance to the Forensic Science Laboratory---Failure of the prosecution to prove safe transmission was always regarded fatal for its case---Appeal against conviction was allowed, in circumstances.
2021 YLRN 131
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 circumstances of the case led to draw an adverse inference against the prosecution keeping in view Art. 129(g) of Qanun-e-Shahadat, 1984---Circum-stances 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. Chain of Safe custody ---Scope---Prosecution is obliged to establish that the chain of Safe custody of the case property as well as the sample separated therefrom remained unbroken, unsuspicious, indubitable, safe and secure and any break in the chain of custody or lapse in the control of possession of the sample would cast doubts on the Safe custody and safe transmission of the sample and would impair and vitiate the conclusiveness and reliability of the report of the Government Analyst.
2020 YLR 2524
Consolidated sample---Safe custody ---Scope---Accused was alleged to have been caught red handed with 3120 grams of charas---292 puries of charas were allegedly recovered from the possession of accused but the complaint prepared only one sealed packet and did not draw sample from each pury---Rule 6 of Control of Narcotic Substances (Government Analysts) Rules, 2001 provided that it was incumbent upon the investigator/forwarding agency to give specific number to each sample and the substance from which it was prepared in order to relate to its origin---Likewise it was compulsory for the Forensic Laboratory to prepare the report with respect to each packet by specifically numbering them and giving details of full protocols of the tests applied as mandated by the said rule---Report of Forensic Laboratory revealed that one sealed parcel containing resinous material in seal parcel was received by it---Prosecution had failed to prove the Safe custody of the narcotics allegedly recovered from the accused---Appeal against conviction was allowed, in circumstances. Chain of custody---Scope---Prosecution was to establish that the chain of custody was unbroken, non-suspicious, indubitable, safe and secure---Break in the chain of custody and lapse in the control of possession of the recovered narcotics, cast doubts on the Safe custody and safe transmission of the articles and impaired and vitiated the conclusiveness and reliability of the report of Forensic Laboratory, thus, rendering it incapable of sustaining conviction.
2020 YLR 1838
Safe custody ---Scope---Accused was apprehended with 6.100 kilograms of opium---Complainant deposed that when Investigating Officer came to the place of recovery he handed over the case property to him---Investigating Officer deposed that he had returned the case property to the complainant after checking and weighing the same and that complainant handed over the case property to the Moharrar---Moharrar deposed that SHO (Station House Officer) had handed over the case property to him and that afterwards he handed over the same to another Moharrar---Second Moharrar deposed that the ex-Moharrar had handed over the case property to him on the next day---Such contradictions not only had a bearing on the credibility of the witnesses but also showed that the prosecution could not maintain Safe custody of the case property from the place of recovery to the Laboratory---Positive report of Forensic Laboratory was of no legal consequence, in circumstances---Appeal against conviction was allowed, in circumstances.
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