Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Allegation of--Recovery of charas--Leave to appeal had been granted--Reappraisal of evidence--It is not disputed that narcotic substance recovered in this case had been recovered from some secret cavities of a vehicle in which present appellants were traveling at relevant time as passengers and said vehicle was being driven by co-convict--It was, thus, incumbent upon prosecution to establish conscious possession of contraband substance on part of present appellants but no evidence worth its name had been brought on record in that respect--Record of case shows that safe custody of recovered substance at local Police Station had not been established by prosecution during trial--Moharrir PW3 had been produced by prosecution before trial Court but he had said nothing about receipt of case-property or its safe custody by him--Even safe transmission of samples of recovered substance from local Police Station to office of Chemical Examiner had not been proved by prosecution--Record shows that samples of recovered substance had been delivered at office of Chemical Examiner by FC-51 but said Constable had not been produced by prosecution before trial Court--It has already been declared by Supreme Court--That in a case where safe custody of recovered substance or safe transmission of samples of recovered substance is not established by prosecution there it cannot be held that prosecution had succeeded in establishing its case against an accused person. 2018 SCMR 2039, ref. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, CHIEF JUSTICE---.--- Criminal Miscellaneous Application No. 324 of 2013 This miscellaneous application is allowed in the terms prayed for therein. Disposed of. Criminal Appeal No. 23-P of 2016 2. According to the prosecution the present appellants namely Kamran Shah, Mohib Gul and Muhammad Naseer were traveling in a bus when at about 12.00 Noon on 15.03.2009 the said vehicle was intercepted by a police party and upon a search of that vehicle charas weighing 20 kilograms in the form of 20 slabs was recovered from some secret, cavities of that…

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