Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 161,340(2),342,382B

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

Section: R.6

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Recovery of narcotics---Appreciation of evidence---Delay in sending sample for chemical examination---Ownership of house---Proof---Charas contained in 38 packets was recovered from a house allegedly owned by accused---Nothing was available on record showing that house from which recovery was effected was owned or in possession of accused---No query was either made from neighbour or from revenue authority---Prosecution failed to produce any document showing that accused was owner or in possession of house in question---Prosecution could not prove ownership or occupation of accused in respect of house from which contraband was allegedly recovered---Recovery of contraband from the house could not ipso facto be proof of guilt of accused unless conscious possession and ownership of accused was proved through confidence inspiring evidence which lacked---Prosecution failed to prove that accused was in possession and control of the house---Contraband material was sent for chemical examination after 35 days and such inordinate delay caused serious doubts in case of prosecution and raised question about safe custody of sample as well as safe transmission to Forensic Science Laboratory---Report of Forensic Science Laboratory did not contain full protocols of test applied for and was voidable of mandatory R. 6 of Control of Narcotics Substance (Government Analysis) Rules, 2001---High Court set aside conviction and sentence awarded to accused by Trial Court and accused was acquitted of charge---Appeal was allowed in circumstances. Abdul Ghani v. The State 2019 SCMR 608 and The State v. Imam Bakhsh 2018 SCMR 2039 rel. THIS JUDGMENT DELIVERED BY: ABDUL HAMEED BALOCH, J.--- This judgment disposes of Criminal Jail Appeal No. 07 of 2019 filed by the appellant Abdul Qudoos son of Syed Muhammad against the judgment dated 10th April 2019, (hereinafter referred as, "the impugned judgment") passed by learned Special Judge CNS, Dalbandin (hereinafter referred as, "the trial Court"), whereby the appellant was convicted under Section 9(c) of CNS Act…

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