Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)---- S. 9(c)---Appreciation of evidence---Investigating Officer as prosecution witness had stated that accused was holding a black bag containing Charas in his hand while other prosecution witness had contradicted him by saying that accused had tied Charas on his foot by means of plastic tape and it was hidden---Both eye-witnesses had admitted that place of recovery was thickly populated area and public was easily available to join investigation, but no efforts whatsoever were made by police officials to associate any person from the public--Investigating Officer prepared Mashirnama at the time of recovery and nothing else was done on the spot---Charas was stated to be in shape of two slabs wrapped in a black plastic---Separation of samples on the spot and sealing same was not mentioned in statement of Investigating Officer recorded under S.161, Cr.P.C.---Said two slabs of Charas lying in bag were consisted of 17 sub-slabs, but sample for examination was not obtained from each slab---Omission to obtain samples from each sub-slab had caused serious doubt on case of prosecution, benefit whereof would go to accused---Samples of recovered contraband was sent to Forensic Science Laboratory after 72 hours of recovery---Such unnecessary delay in sending sample could be considered a material circumstance in favour of accused coupled with overall facts and circumstances of case---Case of prosecution was not only doubtful, but unexplained delay in sending samples to Forensic Science Laboratory had created further doubt in case of prosecution---Extending benefit of doubt to accused, his conviction and sentence were set aside and he was acquitted of charge.JUDGMENTSHAH JEHAN KHAN YOUSAFZAI, J.---Appellant Noorab son of Mir Ahmad charged under section 9(c) of the Control of Narcotic Substances Act, 1997 (CNSA) vide F.I.R No.252 dated 6-4-2003 Police Station Badhber, District Peshawar was tried by the learned Additional Sessions Judge-IX Peshawar who vide his judgment dated 27-1-2005 having found him guilty, convicted and sentenced him under section 9(c) CNSA to 6 years' R.I. and a fine of Rs.80,000 or in default to undergo…