Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)-------Preamble, Ss.9 & 29---Possessing and trafficking narcotics---Onus to prove the guilt of accused---Presumption in favour of prosecution---Control of Narcotic Substances Act, 1997, was a special law, which legislature had enacted mainly to curb the menace of narcotics, and had provided therein special provisions to achieve that end---Onus to prove the guilt of accused, had not been placed entirely on the prosecution, but on accused to prove his innocence---Legislature had cast a presumption in favour of the prosecution, which had to be rebutted by accused to prove his innocence--- Prosecution could not be totally absolved of his obligation; and duty of initially establishing a "prima facie" case of recovery of contraband from accused; and only after said initial burden was discharged by the prosecution that the onus would shift upon the accused to prove his innocence. Muhammad Imran's case 2011 SCMR 1954 and Ameer Zeb's case PLD 2012 SC 380 ref. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 29---Possessing and trafficking narcotics---Initial obligation of the prosecution---Appreciation of evidence---Benefit of doubt---Initial burden of establishing a 'prima facie' connection between accused and the contraband recovered from him had not been positively carried out---Most crucial links of the chain, which established the 'prima facie' connection between accused and contraband, were missing in the case---Registration number of vehicle in the name of accused, or any other distinguishing feature of the vehicle from which the recovery had been made, was not recorded in evidence by any of the prosecution witnesses---Narcotic was sent to Forensic Science Laboratory giving no name of the constable---No evidence was available to suggest as to where the alleged samples of contraband were stored after their recovery---Was not known as to how alleged samples were received at the Forensic Science Laboratory---Prosecution had not offered any plausible explanation for the delay of twelve days in sending the narcotic for its chemical analysis---Alleged recovered contraband and vehicle when…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492