| Citation(s) |
|---|
| 2024 SLG 6623 2024 SLD 6623 = 2024 YLR 1408 |
Sindh High Court, Larkana Bench
Criminal Jail Appeal No. D-63 of 2019, decided on 21st September, 2022.
Before Naimatullah Phulpoto and Khadim Hussain Tunio, JJ
Altaf Hussain Surahio for Appellant. Ali Anwar Kandhro, Addl. P.G. for the State.
Criminal Jail Appeal No. D-63 of 2019, decided on 21st September, 2022.
Before Naimatullah Phulpoto and Khadim Hussain Tunio, JJ
Altaf Hussain Surahio for Appellant. Ali Anwar Kandhro, Addl. P.G. for the State.
SUHBAT KHAN PATHAN---Appellant
VERSUS
The STATE---Respondent
Law: Control of Narcotic Substances Act, 1997
Section: XXV,9(c)
Law: Qanun-e-Shahadat (10 of 1984)
Section: 121
Law: Criminal Procedure Code (V of 1898)
Section: 342
(a) Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of narcotics---Appreciation of evidence---Safe custody of the recovered narcotics and its safe transmission to the police station and then to the Chemical Examiner proved---Prosecution case was that 100 kilograms charas was recovered from the vehicle driven by the accused---Record showed that charas was recovered from the vehicle of accused on 17.2.2019, samples were separately sealed and sent through Police Constable to the Chemical Examiner---Chemical report was produced before the Trial Court, which showed that samples were received by Chemical Examiner in sealed packets---Roznamcha entries had also been produced---Said fact was confirmed and testified by the Police Constable, who had taken the samples to the Office of the Chemical Examiner on the second day---Report of the Chemical Examiner also testified that fact, therefore, it could safely be said that safe chain of the custody of the recovered charas was not compromised at all---All the relevant roznamcha entries had been produced before the Trial Court---Trial Court rightly appreciated the evidence and came to the conclusion that prosecution had established safe custody and safe transmission of the sample parcels to the concerned laboratory and report of the Chemical Examiner also contained tests carried out in the result, which corroborated the statements of the prosecution witnesses---Appeal against conviction was dismissed, in circumstances.Tariq Pervez v. The State 1995 SCMR 1345; State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039; Nasar ud Din v. The State 2021 YLR 457; Ajab Khan v. The State 2022 SCMR 317 and Faisal Shahzad v. The State 2022 SCMR 905 ref.(b) Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of narcotics---Appreciation of evidence--- Police witnesses, evidence of---Reliance---Prosecution case was that 100 kilograms charas was recovered from the vehicle driven by the accused---Police Officials were as good as any other private witness unless it was proved that they had any animus against the accused---However, no such mala fide on the part of the…