Law: Control of Narcotics Substances Act, 1997

Section: 9(c),36(2)

Law: Criminal Procedure Code (V of 1898)

Section: 173,340(2),342,382B

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

Section: R.3,4,4(2),6

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)-Conviction and sentence-Challenge to--Recovery of Charas--Safe custody and safe transmission of the recovered contraband--Appraisal of evidence--Benefit of doubt--Acquittal of--Chars in the shape of Puries, which were 292 P1 in number and there were some pieces of Chars which was 3120 grams in toto--Wattak amount of Rs.1550/- was also recovered--Separate sample and joint report--Report of PFSA with full protocols--The Investigating Officer handed over one sealed parcel to SI (PW-1) for its onward transmission to the office of PFSA--No separate parcels were made to relate the packet of recovered contraband--PFSA has submitted a consolidated report Ex.PE declaring the deposited parcel to be containing "Charas"--The report of the PFSA is not in line with the principles enunciated by the august Supreme Court of Pakistan--Absolutely necessary that in all such cases there should be no room for doubt as to the exact quantity of the substance recovered and also as to the entire recovered substance being narcotic substances--The whole recovered 292 packets were sealed in a bag and sent to the office of Punjab Forensic Science Agency, for their analysis where one sealed parcel was received-- Prosecution miserable failed to prove the safe custody of the narcotics--Recovered Charas, allegedly recovered from the appellant in the shape of 292 small packets, never reached the Punjab Forensic Science Agency, however, Charas in shape of single compound, without any individual packets was received at the Punjab Forensic Science Agency--Safe custody of the recovered substance or its sample is not discernable from the record--Even the slightest doubt results in failure of the case of the prosecution. Benefit of doubt is not to be granted as a concession but as of right--The Report of the Government Analyst becomes doubtful and unreliable--Appeal is allowed. 2018 SCMR 2039; PLD 2012 SC 380; 2015 SCMR 1002; 2015 SCMR 291; 2008 SCMR 345; 2012 SCMR 577; ref. Control of Narcotic Substances (Government Analysts) Rules, 2001-- ----R. 6--Rule 6 makes it imperative on an analyst to separately mention result of each sample…

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