Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)---- ----Ss. 9(c) 8, 7, 6 & 48----Customs Act (IV of 1969), S. 171---Appeal against conviction---Possession of narcotics drugs, import and export of narcotics drugs, trafficking or financing trafficking of narcotics drugs, etc.---Appreciation of evidence---Benefit of doubt---When seizure or arrest is made, reason in writing to be given---Seizure memo of recovered contrabands not prepared at spot---Effect---Non-sealing of samples of contrabands at spot---Effect---Chemical Examiner's report-- Evidentiary value---Ownership of vehicle used in transportation of contraband---Requirement of proof---Charas and opium were alleged to have been recovered from accused---Trial court convicted accused under S.9(c) of Control of Narcotic Substances Act, 1997 and sentenced him to undergo imprisonment and pay fine---Accused took plea that he had no knowledge of contrabands concealed in body of vehicle---Witnesses had made dishonest improvements in their dispositions and same were contradictory---Fard-e-bayan or notice of seizure issued under S.171 of Customs Act, 1969 had been typed, whereas prosecution witness stated that he had written the same by hand at the spot, which indicated that case property was not seized at the spot---Prosecution witness had admitted that samples of recovered contrabands had not been prepared at the spot---Neither seizure memo nor samples had been prepared at spot, which was illegal, and for which no explanation was given by complainant---Non-sealing of samples of recovered contrabands soon after its recovery had created serious doubt in prosecution case---No reliance could be placed on Chemical Examiner's report, which, in given circumstances, had lost its evidentiary value---Prosecution had failed to prove ownership of vehicle used in transportation of recovered contrabands, as no registration documents regarding said vehicle had been produced---Nothing was available on record to show whether said vehicle belonged to accused or he was driving the same---Prosecution had failed to connect accused neither with vehicle nor with recovered contrabands--- Recovery of recovered contrabands was not…

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