Law: Control of Narcotics Substances Act, 1997

Section: 2,9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 172,173,340(2),382B

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

Section: R.6

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)--- Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Possession of narcotic--- Appreciation of evidence---Benefit of doubt---Each sample was to be marked separate number---Report of test or analysis--Each sample to be analyzed separately---Prosecution case against accused was that police, on receiving spy information, apprehended the accused and got recovered 72 packets of charas weighing 86.400 kg from secret cavity of his car---Charas contained in 72 packets was recovered from possession of accused and the Investigating Officer on opening the same prepared seventy two samples but did not give any mark/identification as to from which packet which sample had been prepared so as to relate to its origin (from which packet it had been derived)---Rule 6 of Control of Narcotic Substances (Government Analysts) Rules, 2001 and contents of Form-II of the said Rules demonstrated that it was incumbent upon the investigator/forwarding agency to give specific number to each sample and the substance from which it had been prepared in order to relate to its origin---Likewise, it was compulsory for the Chemical Examiner to prepare a report with respect to each sample by specifically numbering them and giving details of full protocols of the test applied as mandated by R. 6, but said obligation was not fulfilled---Report of Chemical Examiner revealed that he had not analyzed each sample separately or issued separate report to determine that the alleged packets of narcotic, recovered from accused, were narcotic substance or not---Prosecution failed to prove the charge against the accused, in circumstances---Appeal was allowed. Khuda Bukhsh v. The State 2015 SCMR 735 distinguished. The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039 and Ameer Zeb v. The State PLD 2012 SC 380 rel. (b) Criminal trial--- ----Benefit of doubt---Scope---Benefit of doubt goes to the accused not as a matter of grace but as of right. Muhammad Mansha v. The State 2018 SCMR 772; Mst. Nazia Anwar v. The State and others 2018 SCMR 911; Azhar Mehmood and others v. The State 2017 SCMR 135;…

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