Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ---S. 9(c)---Possessing and trafficking narcotics---Appreciation of evidence---Very important link in the chain regarding the transmission of the sample was missing---No witness had appeared to prove the sending of the sample of allegedly recovered narcotic from the State Customs Warehouse to the Chemical Examiner's Office---Samples taken could not be said to be the same and not tampered, and sent to the laboratory---Report of the Chemical Examiner showing one sample being `charas' and the other being `Ganja' could not be relied upon for ordinary conviction of accused---Report was the duplication of the original and it did not bear the signatures of the Chemical Examiner--Alleged narcotic substance was lying on the bus top and was recovered therefrom and could not be said to be in the possession of accused; and it could not be believed that a man of ordinary prudence sitting in a bus packed to its capacity would claim the ownership of the narcotic substance inviting the life imprisonment--Prosecution had failed to prove its case against accused beyond the shadow of doubt---Impugned ordering the conviction and passing the sentence against accused was set aside---Accused was acquitted of the charge and was set at liberty. The State v. Muhammad Aslam 1993 PCr.LJ 2287 and Mst. Miraj v. The State 1994 PCr.LJ 482 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 72 & 76---Proving contents of a document--- Scope--- Contents of a document could be proved through primary or a secondary evidence as provided under Art.72 of Qanun-e-Shahadat, 1984---Contents of document could only be proved through the secondary evidence, if the conditions mentioned under Art.76 of Qanun-e-Shahadat, 1984 were available. Anwar Ahmad v. Mst. Nafis Bano through Legal Heirs 2005 SCMR 152; Sultan and others v. The State 1987 SCMR 1177; Mst. Khurshid Begum and 6 others v. Chirag Muhammad 1995 SCMR 1237; Mukhtar Ahmad through Legal Heirs v. Muhammad Younus and 4 others 2001 CLC 1796 and Nasreen Bibi v. The State 2009 PCr.LJ 619 ref. JUDGMENT IJAZ AHMAD, J.---The appellant Hayat Khan was challaned in case F.I.R. No.306 dated 27-6-2001,…

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