Judgements of Supreme Court of Pakistan
2022 SCMR 1052
Safe custody and safe transmission of samples to the Forensic Science Laboratory not established---Benefit of doubt---Prosecution had failed to establish the safe custody of sample parcels in the Malkhana as the Moharar Malknana was not produced---Police official who allegedly transmitted the sample parcels to the concerned laboratory, was also not produced, hence prosecution failed to prove safe transmission of sample parcel to concerned laboratory---No explanation was provided for withholding such important piece of evidence---In view of such defect on the part of the prosecution it could not be held with any degree of certainty that the prosecution had succeeded in establishing its case against the accused beyond any reasonable doubt---Petition for leave to appeal was converted into appeal and allowed, and while extending benefit of doubt, the accused was acquitted of the charge.
2022 SCMR 1006
Safe custody and safe transmission of samples to the Forensic Science Laboratory not established---Benefit of doubt---Police official/witness claimed that the complainant/police official had handed over the sample parcels to him which he further handed over to Moharrar Investigation for safe custody for sending them to Forensic Science Laboratory---Said Moharrar Investigation who allegedly kept the sample parcels in safe custody was never produced by the prosecution---Safe custody of sample parcels was not established by the prosecution---Police constable, who allegedly took the sample parcels to the concerned laboratory was also not produced---In such eventuality, prosecution failed to establish safe custody and safe transmission of the sample parcels to the concerned quarter and the prosecution could not give any plausible explanation for not producing said important witnesses---Said defect in the prosecution case went into the root of the case creating serious doubt regarding the narcotics and its recovery---Petitions for leave to appeal were converted into appeals and allowed, and while extending benefit of doubt to them, the accused persons were acquitted of the charge.
2022 SCMR 864
Safe custody of samples and their transmission to the Chemical Examiner--- Significance--Prosecution had the responsibility to prove the recovery of the contraband material from the accused, its safe custody and sending the samples for chemical analysis without undue delay to avoid any possibility of substitution---Where the recovered contraband material, including the pieces deducted for the purpose of chemical analysis were not in safe custody and transmission of the samples to the Chemical Examiner was doubtful, possibility of their tampering could not be ruled out.
2021 SCMR 492
Safe custody and transmission of samples of the narcotic from the police to the chemical examiner not established---Duplicate forensic report presented---Held, that the prosecution failed to establish the essential link of safe transmission of samples to the office of Chemical Examiner as despite opportunity the relevant official, who had delivered the samples, failed to enter the witness box---Furthermore the prosecution relied on a duplicate forensic report, which was inadmissible in evidence, to confirm narcotic character of the contraband---Supreme Court observed that such appalling inaptitude of the functionaries tasked to prosecute the crime, left no juridical possibility to maintain accused's conviction---Petition for leave to appeal was converted into appeal and allowed and the accused was acquitted of the charge.
2021 SCMR 451
Safe custody and transmission of samples of the narcotic from the police to the chemical examiner---Scope---Chain of custody or safe custody and safe transmission of narcotic drug began with seizure of the narcotic drug by the law enforcement officer, followed by separation of the representative samples of the seized narcotic drug, storage of the representative samples and the narcotic drug with the law enforcement agency and then dispatch of the representative samples of the narcotic drugs to the office of the chemical examiner for examination and testing---Such chain of custody must be safe and secure, because, the Report of the Chemical Examiner enjoyed critical importance under the Control of Narcotic Substances Act, 1997 and the chain of custody ensured that correct representative samples reached the office of the Chemical Examiner---Any break or gap in the chain of custody i.e., in the safe custody or safe transmission of the narcotic drug or its representative samples made the Report of the Chemical Examiner unsafe and unreliable for justifying conviction of the accused---Prosecution, therefore, had to establish that the chain of custody had been unbroken and was safe, secure and indisputable in order to be able to place reliance on the Report of the Chemical Examiner.
S. 9(c)---Possession and transportation of 45 kilograms of charas---Reappraisal of evidence---safe custody and transmission of samples of the narcotic from the warehouse to the chemical examiner not established---Held, that the letter of the Superintendent Preventive Service written to the Chemical Examiner stated that 43 sealed samples were being forwarded to the chemical examiner---Author of said letter was not produced as a witness---In the absence of the statement of the warehouse in-charge and the statement on behalf of the complainant (the official who recovered the narcotics),regarding the delivery of the samples of the narcotic drugs to the office of the chemical examiner, it could not be ascertained whether the narcotic drugs and the representative samples were deposited in the warehouse by the complainant; when and who collected the representative samples from the warehouse; and who delivered them by hand to the office of the Chemical
Examiner---Such facts revealed that the chain of custody had been compromised and was no more safe and secure, therefore, reliance could not be placed on the Report of the Chemical Examiner to support conviction of the accused---Conviction and sentence recorded against the accused-lady were set aside in circumstances and she was acquitted of the charge---Appeal was allowed.
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2021 SCMR 363
Safe custody and transmission of samples of the narcotic from the police to the chemical examiner---Scope---If safe custody of narcotics and its transmission through safe hands was not established on the record, same could not be used against the accused---In the present case, evidence regarding safe transmission of alleged recovered narcotics to the police station and then onto the laboratory for chemical analysis was missing---Accused was acquitted of the charge in such circumstances.
2020 SCMR 687
Safe custody of the recovered substance at the police station or safe transmission of the samples of the recovered substance from the police station to the office of the Chemical Examiner not established---Effect--- Conviction could not be recorded in such circumstances.
2019 SCMR 2004
Safe custody and safe transmission of drugs from the spot of recovery till its receipt by Narcotics Testing Laboratory must be satisfactorily established---Such chain of custody was fundamental as report of Government Analyst was the main evidence for the purpose of conviction---Prosecution must establish that chain of custody was unbroken, unsuspicious, safe and secure---Any break in the chain of custody i.e. safe custody or safe transmission would impair and vitiate the conclusiveness and reliability of the Report of Government Analyst thus rendering it incapable of sustaining conviction---Supreme Court set aside conviction and sentence awarded to accused by Trial Court and he was acquitted of the charge---Appeal was allowed.
2019 SCMR 1649
Safe custody of contraband substance by police not established---Safe transmission of samples to the Chemical Examiner not established---According to the FIR and the memorandum of recovery, ten packets of charas weighing one kilogram each had allegedly been recovered from the custody of the accused and it had been maintained by the prosecution that from each of the said packets one sample weighing five grams had been separated for chemical analysis---One of the police witnesses had categorically stated before the Trial Court that each of the recovered packets had only one slab in it but when the recovered substance had been produced before the Trial Court and was opened it was revealed that ten packets allegedly recovered in the case contained 96 slabs in all---Prosecution alleged that each of the parcels separated from the recovered substance was affixed with three seals reading the initials S.K. but the record showed that the monogram carrying the alphabets S.K. was not found available in the case-property at all---Record of the case also showed that nobody had appeared before the Trial Court to confirm safe custody of the recovered substance at the police station and the moharrir had also not appeared before the Trial Court---No witness had been produced before the Trial Court to state that the recovered substance or the parcels had not been tampered with while in transmission to the Forensic Science Laboratory or the office of the Chemical Examiner---Shape in which the recovered property was produced before the Trial Court indicated that the property so produced before the Trial Court was different from the property allegedly recovered at the time of the raid and recovery---Case against the accused was full of doubts the benefit of which had to be extended to him---Appeal was allowed, the conviction and sentence of the accused were set aside and he was acquitted of the charge by extending the benefit of doubt to him.
2019 SCMR 1300
Safe custody and transmission of samples of the alleged drug from the police to the
Chemical Examiner---In cases where the chain of custody was broken, the report of the Chemical Examiner lost its reliability making it unsafe to support conviction---In the present case the sample of narcotic was dispatched to the Government Analyst for Chemical Examination through an officer of the Anti-Narcotics Force, but the said officer was not produced to prove safe transmission of the sample from the police to the Chemical Examiner---Chain of custody thus stood compromised---Resultantly, it would be unsafe to rely on the report of the Chemical Examiner---Conviction and sentence of accused was set aside in circumstances---Appeal was allowed accordingly.
2019 SCMR 1217
Safe custody of contraband substance by police---Scope---Case record showed that safe custody of the recovered substance at the local Police Station had not been established by the prosecution during the trial---Moharrir had been produced by the prosecution before the Trial Court but he had said nothing about receipt of the case-property or its safe custody by him---Where safe custody of the recovered substance was not established by the prosecution it could not be held that the prosecution had succeeded in establishing its case against an accused person---Convictions and sentences of the accused persons recorded and upheld by the courts below were set aside and they were acquitted of the charge by extending the benefit of doubt to them---Appeal was allowed.
2019 SCMR 608
Safe transmission of samples to the Chemical Examiner not established---Effect---In a case where safe custody of the recovered substance or safe transmission of samples of the recovered substance was not proved by the prosecution through independent evidence, it could not be concluded that the prosecution had succeeded in establishing its case against the accused beyond reasonable doubt---Record of the present case showed that safe custody of the recovered substance as well as safe transmission of samples of the recovered substance to the office of the Chemical Examiner had not been established by the prosecution---Station House Officer (SHO)/complainant had stated before the Trial Court that he had deposited the recovered substance at the malkhana of the local police station but admittedly the moharrir of the said police station had not been produced before the Trial Court to depose about safe custody of the recovered substance---Head Constable who had delivered the samples of the recovered substance at the office of the Chemical Examiner had also not been produced during the trial so as to confirm safe transmission of the samples of the recovered substance---Convictions and sentences of the accused persons recorded and upheld by the courts below were set aside in such circumstances and they were acquitted of the charge by extending the benefit of doubt to them---Appeal was allowed accordingly.
2018 SCMR 2039
Safe custody and transmission of samples of the alleged drug from the spot of recovery till its receipt by the Narcotics Testing Laboratory---Chain of custody began with the recovery of the seized drug by the police and included the separation of the representative sample(s) of the seized drug and their dispatch to the Narcotics Testing Laboratory---Said chain of custody, was pivotal, as the entire construct of the Control of Narcotic Substances Act, 1997 and the Control of Narcotic Substances (Government Analysts) Rules, 2001 rested on the report of the Government analyst, which in turn rested on the process of sampling and its safe and secure custody and transmission to the laboratory---Representative samples of the alleged drug must be in safe custody and undergo safe transmission from the stage of recovery till it is received at the Narcotics Testing Laboratory---Prosecution must establish that the chain of custody was unbroken, unsuspicious, indubitable, safe and secure---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(s) and would impair and vitiate the conclusiveness and reliability of the report of the Government Analyst, thus, rendering it incapable of sustaining conviction.
2015 SCMR 1002
Safe custody of narcotics---Proof---Accused persons were convicted and sentenced to imprisonment for life alleging recovery of 48 packets of Chars from their
vehicle---Validity---Entire page which was to refer to relevant protocols and tests was not only substantially kept blank but the same had also been scored off by crossing it from top to bottom---Such was a complete failure of compliance of relevant Rule and such failure reacted against reliability of report produced by prosecution before Trial Court---Provisions of S. 36 of Control of Narcotic Substances Act, 1997, required a government Analyst to whom a sample of recovered substance was sent for examination to deliver to the person submitting the sample a signed report in quadruplicate in "the prescribed form"---If report prepared by government analyst was not prepared in the prescribed manner then it could not qualify to be called a report in the context of S. 36 of Control of Narcotic Substances Act, 1997, so as to be treated as "conclusive" proof of recovery of narcotic substance from accused person---Investigating officer appearing before Trial Court had failed to even mention name of police official who had taken the samples to office of Chemical Examiner---No such police official was produced before Trial Court to depose about safe custody of samples entrusted to him for being deposited in office of Chemical
Examiner---Prosecution was not able to establish that after alleged recovery of substance so recovered was either kept in safe custody or that samples were taken from recovered substance had safely been transmitted to office of Chemical Examiner without the same being tampered with or replaced while in transit---Prosecution failed to prove its case against accused persons beyond reasonable doubt---Supreme Court set aside conviction and sentence awarded to accused persons and they were acquitted of the charge---Appeal was allowed.
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