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HAYAT KHAN versus STATE


A very important link to the chain was missing in relation to the sample delivery definition of Section 9 (c) drug possession and trafficking, with no witnesses sending a sample of allegedly recovered drug samples from the state customs warehouse to the Chemical Examiner. Did not appear to prove it. Samples taken for Office s office cannot be said to be the same and not tamper-proof, and were sent to the Chemical Examiner's lab report stating that one sample is "cannabis" and the other is "Ganja". Cannot be relied upon as a general sentence. The suspect's report was a copy of the original and the chemical executor lying on top of the bus did not bear the signature of the alleged intoxicant and was recovered from it and it cannot be said that the accused was in his possession. And it cannot be assumed that the ordinary wise person sitting on the bus would, in his capacity, claim ownership of any intoxicant in which the plea of life imprisonment was granted. The prosecution could prove its case against the accused beyond the shadow of doubt. I had failed to convict and approve the accused was set aside and the accused was acquitted and was set at liberty. \ R \ n

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