Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Control of Narcotic Substances (Government Analysts) Rules, 2001

Section: R.4(2)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Seizure of narcotic---Appreciation of evidence---Benefit of doubt---Accused was allegedly found holding one plastic shopper in his hand, containing charas weighing 1050 grams at the time of raid---Despite the incident having occurred in a busy road where many private persons were available, Investigating Officer did not try to arrange any witness of the locality, who might have seen the accused in any manner linked with the said packet of narcotics---Evidence of police officials was as good as others, but in cases, where public persons were available at the site, and prosecution failed to join them as witnesses evidence of police officials lost its sanctity and evidentiary value---Mashirnama of the arrest and recovery bore over-writing in respect of weight of the recovered charas, which created doubt regarding authenticity of mashirnama---Prosecution witnesses were not on same line with each other on material points, which created doubt regarding authenticity of the prosecution evidence---Accused was acquitted on the basis of benefit of doubt in circumstances. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4(2)---Seizure of narcotic---Chemical analysis of narcotics---Appreciation of evidence---Benefit of doubt---Prosecution alleged that 1050 grams charas was recovered from the possession of accused---Delay of about seven days in sending the samples of narcotics to Chemical Examiner for analysis was not explained by the prosecution---Whether alleged narcotics was in safe custody during the intervening period had also not been explained by prosecution---Exercise of sending sample for testing was required to be completed within seventy-two hours of the recovery---Inordinate delay in sending samples was fatal to the case of prosecution---Accused was acquitted in circumstances. Muhammad Aslam v. The State 2011 SCMR 820 rel. (c) Criminal trial--- ----Benefit of doubt---Principle---Many circumstances creating doubt were not necessarily required---Single circumstance, which created reasonable doubt in a…

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