208/2023 Criminal Appeal QAMBAR S/O KHAIR MUHAMMAD (Appellant) V/S THE STATE (Respondent)
Bench: Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
208/2023 Criminal Appeal QAMBAR S/O KHAIR MUHAMMAD (Appellant) V/S THE STATE (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 27-NOV-24
We have noticed that the sample of purported narcotics was received by the chemical analyzer on January 5, 2022, from the I.O of Gulbahar Police Station, though the alleged recovery was made on December 30, 2021. The sample must be sent to the lab within 72 hours of seizure. All items in the police station's storeroom must be recorded in Register No. XIX. In the present case, the prosecution failed to send the drug sample to the lab within 72 hours as required by the law. The prosecution has not provided a valid reason for the 6-day delay. The issue raised has created reasonable doubt, but the lower courts failed to consider this aspect of the case in favor of the appellant. On the aforesaid proposition, we are guided by the decisions of the Supreme Court in the cases of Asif Ali v The State 2024 SCMR 1408, Muhammad Hazir v The State 2023 SCMR 986, Qaiser & another v The State 2022 SCMR 1641.