Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Pakistan Penal Code, 1860

Section: 489B

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Appellant was apprehended--10 Kg of charas was recovered--Reappraisal if evidence--Leave to appeal was granted--Court have reappraised evidence with able assistance of counsel for parties and have noticed at very outset that Police constable, who delivered sealed parcel to Forensic Science Laboratory, was not produced by prosecution--Supreme Court has repeatedly held that safe custody and safe transmission of drug from spot of recovery till its receipt by Narcotics Testing Laboratory must be satisfactorily established--This chain of custody is fundamental as report of Government Analyst is main evidence for purpose of conviction--Prosecution must establish that chain of custody was unbroken, unsuspicious, safe and secure--Any break in chain of custody i.e., safe custody or safe transmission impairs and vitiates conclusiveness and reliability of Report of Government Analyst, thus, rendering it incapable of sustaining conviction--Appeal was allowed. THIS JUDGMENT DELIVERED BY: SYED MANSOOR ALI SHAH, J.- Upon secret information, the appellant was apprehended and 10 kilograms of charas was recovered from him. In "this background, he was booked in FIR No. 487, registered at Police Station Risalpur, District Nowshera, under Section 9(c), Control of Narcotic Substances Act, 1997 and 489-B, PPC. After regular trial, he was convicted and sentenced to 10 years imprisonment, with fine of Rs.200,000/- or in case of default to undergo further imprisonment for six months. Upon appeal before the High Court, the said conviction and sentence was upheld. Hence, this appeal after grant of leave vide order dated…

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