Pakistan Case LawABDUL MAJEED Versus THE STATE through A.-G., Sindh, Karachi
This matter concerns a petition for leave to appeal filed by the petitioner against a judgment of the Federal Shariat Court, which had upheld his conviction under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979, while modifying the sentence. The core legal question presented for the Supreme Court's consideration is whether a conviction can be sustained when there is a significant, unexplained delay of over two months between the recovery of the alleged contraband (heroin) and its submission to the Chemical Examiner, coupled with a lack of evidence regarding the safe custody of the substance during that interval. The Supreme Court granted leave to appeal, finding that the contention regarding the evidentiary impact of the inordinate delay and the chain of custody required further judicial examination. The Court held that the petitioner's bail shall remain operative pending the final decision of the appeal. The principle established is that unexplained delays in forensic analysis and failure to prove the safe custody of recovered narcotics during such delays warrant a deeper appellate review of the conviction.
- Does an inordinate, unexplained delay in sending recovered narcotics to the Chemical Examiner vitiate the prosecution's case?
- Is the failure to prove safe custody of recovered contraband during the period before forensic analysis a valid ground for challenging a conviction?
- Can leave to appeal be granted on the basis of procedural lapses in the handling of case property?
ORDER
SAIDUZZAMAN SIDDIQUI, J.---The petitioner has sought leave to appeal against the judgment of Federal Shariat Court dated 27-2-1994, whereby the learned Court while maintaining the conviction of petitioner under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979, reduced the sentence from 7 years to 2 years' R.I., fine from Rs,20,000 to Rs,5,000 and in default to suffer R.I. For 2 months and stripes from 15 to 5 with benefit of section 382-B, Cr. P . C .
In seeking leave to appeal, the learned counsel for the petitioner contended that the learned Federal Shariat Court while maintaining the conviction of petitioner under Article 4 ibid, completely overlooked that the heroin allegedly recovered from the petitioner on 6-3-1993 was sent to Chemical Examiner on 15-5-1993 i.e, after more than 2 months of the date of recovery. It is further contended that besides the fact no explanation was offered in the prosecution evidence for this inordinate delay, there was nothing in the evidence of prosecution to show that the heroin was kept during this period intact under safe custody.
The contention raised by the learned counsel needs further examination and we, accordingly grant leave to appeal. The bail granted to petitioner shall remain operative until hearing and decision of the appeal. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 1 case
- Province of Punjab through DOR/ADC & others vs Firm Friends & Engineers 2024 LHC 1582, 2025 PLJ Lahore 1
Judges on this bench
- Saiduzzaman Siddiqui789 judgments
- Raja Afrasiab Khan1,254 judgments
- Pir Muhammad Karam Shah174 judgments