62/2018 Cr.J.A Sadullah (Appellant) V/S The State (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Zafar Ahmed Rajput(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
Order Date: 07-JUL-21
We have also observed that in case in hand the prosecution has failed to prove the safe custody of the recovered charas and its safe transmission to Chemical Examiner. The recovery of charas was allegedly affected on 20.10.2017 and the sealed samples were sent for chemical analysis on 23.10.2017; however, it is not known as to where and in whose possession the alleged samples were kept during intervening period. PW-1 Excise Inspector Gul Muhammad Bhutto, the complainant/ I.O has not furnished in his evidence any detail regarding safe custody of the alleged samples, therefore, no evidence is available in record to prove the safe custody of the recovered substance at the Excise police station and its safe transmission from said place to the office of Chemical Examiner. It has been held by the Apex Court in the cases of Abdul Ghani and others v. The State and others (2019 SCMR 608), Faizan Ali v. The State (2019 SCMR 1649), The State through Regional Director ANF v. Imam Bukhsh and others (2018 SCMR 2039), Ikramullah and others v. The State (2015 SCMR 1002) and Amjad Ali v. The State (2012 SCMR 577) that in a case where safe custody of the recovered substance or safe transmission of sample of the recovered substance is not proved by the prosecution through any independent evidence, it cannot be said with any degree of confidence that the prosecution had succeeded in proving its case against an accused beyond reasonable doubt.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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