Law: Control of Narcotics Substances Act, 1997

Section: 6,9(b),9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 382-B

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(b), 9(c) & 6--- Criminal Procedure Code (V of 1898), S. 382-B--- Possession of narcotic substances/drugs--- Sentence, quantum of---Determination---Weight of the contraband---Accuracy of weight of contraband to be determined by experts of Forensic Science Laboratory/Agency---Scope---Accused was convicted and sentenced under S. 9(c) of the Control of Narcotic Substances Act, 1997---Contention of accused was that he should be sentenced under S. 9(b) instead of S. 9(c) of the Control of Narcotic Substances Act, 1997, since sample of recovered contraband, when subjected to chemical analysis, weighed much less than what was determined by Investigating Officer---Validity---Recovery of contraband (charas) from the accused stood proved, and 1015 grams of the same were recovered, out of which 10 grams were sent for chemical examination, which report reflected the 6.22 grams instead of 10 grams, which raised serious questions about accuracy of scale used by Investigating Officer at time of weighing of contraband, and therefore, scale used by the Investigating Officer was defective---Weight of contraband was of vital importance in deciding quantum of sentence and even difference of one gram was significant and in cases of controversy regarding weight of contraband, preference was to be given to the scale used by experts of the Forensic Science Laboratory---High Court observed that keeping in view deficiency found in weight of the sample, weight of total contraband recovered from accused should be determined after deduction of a percentage from 1015 grams, which meant, that the actual weight of the charas recovered became 631 grams, which fell within the purview of S. 9(b) of the Control of Narcotic Substances Act, 1997---Conviction of accused was converted from that under S. 9(c) of the Control of Narcotic Substances Act, 1997 to one under S. 9(b) of the Act, and his sentence was modified accordingly, along with benefit of S. 382-B, Cr.P.C.---Appeal was disposed of, accordingly. Ghulam Murtaza and another v. The State PLD 2009 Lah. 362 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD ANWAARUL HAQ, JUSTICE:---.- -…

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