Law: Control of Narcotics Substances Act, 1997

Section: 9(b)(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c) & (b)---Possessing and trafficking narcotics---Appreciation of evidence---When, on spy information, Police party had proceeded to the place of incident, they were under legal obligation to have associated with them independent person to witness the possible arrest of accused and recovery of narcotic from him; but that was not done for no obvious reason; which rendered their proceeding to the place of incident doubtful---One plastic shopper containing charas in shape of three pieces weighing 1250 grams, was allegedly recovered from the accused---One piece weighing to be 250 grams, was sealed for purpose of chemical examination and sent to Chemical Examiner---Liability of accused, if any, was only to the extent of 250 grams of charas which was subjected to chemical examination which constituted offence punishable under S.9(b) of Control of Narcotic Substances Act, 1997---Sample of charas was sent to Chemical Examiner, with an unexplained delay of ten days from recovery of charas; possibility of substitution or tampering with the sample, could not be ruled out in circumstances---In presence of such inconsistency, the evidence of complainant and his witnesses, could not be relied upon to maintain conviction and sentence against accused---Prosecution had not been able to prove its case against accused beyond shadow of doubt---Plea of innocence of accused taken before the Trial Court, could not be lost sight of, in circumstances---Conviction and sentence, awarded to accused by the Trial Court could not be sustained, which were set aside---Accused was acquitted of the offence and was ordered to be released forthwith, in circumstances. Gulshan Ara v. The State 2010 SCMR 1162; Ikramullah and others v. The State 2015 SCMR 1002 and Tariq Bashir v. The State 1995 SCMR 1345 ref. THIS ORDER PASSED BY: IRSHAD ALI SHAH, J.--- The instant appeal is preferred by the appellant against judgment dated 16.06.2017 of learned Sessions Judge/Special Judge, CNSA Ghotki, whereby he was convicted and sentenced to undergo Rigorous Imprisonment for 4-1/2 years and fine of Rs.20,000/-, in case of non-payment of fine, to…

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