Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Prosecution case was that 1200 grams of charas was recovered from accused; out of the recovered charas, fifteen grams was separated for chemical analysis---Record showed that the witness/Moharrar stated that the sample was deposited with the office of Chemical Examiner, however, the report of the concerned quarter available on file reflected that it was neither an original report nor it was true/certified copy of the report rather it was a duplicate copy, which was issued four years after the occurrence---Said report did not carry signature of the Bio-Chemist or Chemical Examiner---Report of Chemical Examiner was to be brought on record in terms of S. 510, Cr.P.C. without summoning its author---Said report should be in original form and in case its original was not available, then on the basis of very cogent reasons its certified copy should be presented for consideration---Record reflected that neither the report was original one nor it qualified to be a certified copy, hence, said report could not be read in evidence against the accused to connect him with the case---No provision of law existed deviating from the requisite mode of proof of a document---Record transpired that the report of Chemical Examiner, in the present case, was neither a legal document nor carried sanction of law, hence, the same being vague/invalid document could not be read against the accused---Circumstances established that prosecution lacked incriminating evidence available on record to connect the accused with the offence alleged---Appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded against him by the Trial Court. Province of Punjab's case 2017 SCMR 172 rel. THIS JUDGMENT DELIVERED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- Ghayour Abbas son of Muhammad Azmal, caste Bhatti, resident of Jourian, Tehsil and District Rawalpindi, appellant was involved in case FIR No. 42/2014, dated 25.01.2014, offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, registered with Police Station…

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