Law:

Section:

Control of Narcotic Substances Act (XXV of 1997) --------- ----------S. 9(c) --------- Possession of narcotics --------- Appreciation of evidence --------- Conviction on the basis of second report of Chemical Examiner --------- Scope --------- Chemical Examiner reported that the result of the test performed on the sample provided, did not show conclusive result and second sample was required --------- Second sample was prepared and same was sent to the Chemical Examiner and report was obtained which was positive --------- Prosecution had not established as to whether second sample was obtained from the material recovered from the possession of the accused --------- Nothing was on record as to how and in whose presence second sample was prepared --------- Report of Chemical Examiner could not be made base for conviction of accused in circumstances --------- Material contradictions existed on record --------- Prosecution had not been able to prove its case beyond any reasonable doubt --------- Impugned was set aside and accused was acquitted from the charge --------- Surety of the accused was discharged from liability --------- Appeal was allowed in circumstances. Mst. Fatima v. The State 2002 PCr.LJ 32 rel. THIS JUDGMENT DELIVERED BY: SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE:---------- Asghar Abbas son of Muhammad Riaz, the appellant was embroiled in case FIR No. 137/2007, dated 25.9.2007, under Section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Shahnikdar, Sargodha, and was tried by the learned Additional Sessions Judge/Judge Special Court Control of Narcotic Substances Act, 1997, Sargodha. The learned trial Court, seized with the matter in terms of judgment dated 25.11.2010, convicted the appellant in the above referred Narcotic Substances Act, 1997 and sentenced him to undergo Rigours Imprisonment for two years with a direction to pay Rs.10,000/- as fine and in case of default thereof, further undergo Simple Imprisonment for six months. The benefit of Section 382-B, Cr.P.C. was also bestowed upon him. The appellant had been a chooser to assail his conviction by diarizing the instant appeal. 2. The prosecution story as…

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