Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 173,340(2),342,382B

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

Section: R.6

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Convicted and sentenced--Challenge to--Personal research--1020 grams heroin recovered from a shopper bag being held in his right hand--Discrepant and cryptic prosecution evidence qua credibility of safe custody of sample parcel--Held: If prosecution remains fail to prove safe custody of sample parcel between police station and office of forensic science agency, report cannot be trusted upon and when it is so it cannot be said with certitude that contraband allegedly recovered from possession of appellant was a narcotic. Control of Narcotic Substances (Government Analysts) Rules, 2001-- ----R. 6--Elements of a valid report--Tests and analysis of alleged drug/narcotic--Result of test carried out and test protocols applied--Held: Non-compliance of Rule 6 and absence of any of mandatory elements/requirements frustrate purpose and object of act--In present case analyst has not bothered even to mention test protocols applied in carrying out required tests which of course is against mandate of Rule 6 ibid--Validity--Appellant in such a case of narcotics cannot be convicted only on basis of oral assertion of police witnesses unless it is established with certitude that material allegedly recovered at instance of appellant was a narcotic--It is prosecution which has to prove its case against accused by standings on its own legs and it cannot take any benefit of weaknesses of defence--In instant case, prosecution remained fail to discharge its responsibility of proving its case--Resultantly appeal allowed, conviction and sentence set aside and appellant acquitted of charge by extending benefit of doubt. 2018 SCMR 2039, PLD 2002 SC 1048, ref. THIS JUDGMENT DELIVERED BY: SYED SHAHBAZ ALI RIZVI, J.- Mansabdar, appellant, through this appeal, has assailed the judgment dated 15.10.2016 passed by the learned Addl. Sessions Judge, Jhang in case FIR No.76 dated 12.02.2015, offence under Section 9(c) of the Control of Narcotic Substances Act, 1997 registered at Police Station City Jhang District Jhang whereby, the appellant was convicted under Section 9(c) of the Act ibid and sentenced to rigorous imprisonment…

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