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ANSAR-UL-ISLAM versus STATE


Section 9 (c) Definition of Evidence Benefits of Doubt in Recovery of 1400g Heroin Powder Delay in sending chemical test samples Case Property, Appellate Court jurisdiction Investigating accused 9 Section 9 (c) of the Drugs Act 1997 Sentenced under The trial court denied the suspect any hidden cover in his bag for the recovery of 1,400 grams of heroin powder from knives and holes hidden in his bag, and also requested that the chemical analysis of the samples be recovered from him. Were sent 10 months after. After checking the bag, neither the cover nor any holes were found in it. Prosecutors' story that the bag was hidden in the cover or the basket made a hole in it was not supported. A chemical analysis of the dispute between oral and circumstantial evidence was found. The report found that sending samples to the chemical analyst for testing and reporting was delayed by ten months. Such a delay was an unusual delay which required the explanation of the prosecution, but the same, was not made by the prosecution. The chemical analyst's report was materially affected by the unspecified and unusual delay; the prosecutor's case is suspicious, the accused was entitled to take advantage of the suspect and the sentence and the sentence passed by the trial court were set aside and The accused was acquitted of the charge, in which circumstances the appeal was allowed \ r \ n

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