Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 342,382B

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Allegation of--Appellant was apprehended by Police party while cutting flowers of poppy plants "Doda", weighting 120 gms were separated for chemical analysis and secured into a sealed parcel of sample--Safe custody of parcel of sample has not been proved in this case--Held: Now law is well settled on point that in narcotics cases, unbroken chain of "safe custody of parcel of sample" is to be proved otherwise, conviction is not possible and it is rightly so because in narcotics cases recovery of narcotics is not mere corroboratory piece of evidence rather it constitutes offence itself entails punishment--Further held--Law is also now well settled on point that single dent in case of prosecution is sufficient for acquittal, in this regard--Appeal was accepted. PLD 2019 SC 64, 2019 SCMR 608, 1995 SCMR 1345, 2009 SCMR 230, 2014 SCMR 749, 2018 SCMR 773, 2019 SCMR 129, rel. THIS JUDGMENT DELIVERED BY: FAROOQ HAIDER, J.- This appeal has been filed by the appellant against the judgment dated 13.02.2015 passed by learned Additional Sessions Judge, Gujranwala, whereby in case arising out of F.I.R. No.296/2011 dated 13.04.2011 registered under Section 9 (c) of the Control of Narcotic Substances Act, 1997 at Police Station Tatlay Aali, District Gujranwala (Ex. PA), the learned trial Court has convicted and sentenced the appellant as under:-- Under Section 9(c) of Control of Narcotic Substances Act 1997 to two year's R.I with fine of Rs. 5 0,000/- and in default of payment: thereof the appellant was directed to further undergo S.I for two months. Benefit of section 382-B Cr.P.C, was also extended to the appellant. 2. Briefly, the accusation levelled in the complaint (Ex.PC) against the appellant, on the basis of which, above mentioned F.I.R. (Ex.PA) was chalked out, is that on 13.04.2011 at about 06:20 a.m., Farhat Nawaz S.I/complainant (PW-4) along with other police officials was present for patrolling on an official vehicle at Budha Goraya; when on the basis of spy information, a raid was conducted in the fields near Adda Harchowki, and Zia Ullah (appellant) was…

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