Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

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

Section: 6

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.6---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Contradiction in statements of witnesses---Delay in sending recovered samples to the Forensic Science Laboratory---Chain of safe custody---Levies force was alleged to have conducted raid and recovered 100 kilograms of charas from the secret cavities of the vehicle driven by accused---Prosecution case was that after recovery of 100 packets of charas, ten grams charas from each packet was extracted and sealed into separate parcels for chemical analysis, while rest of the charas was sealed in a separate parcel at the spot---Prosecution witness negated the version of prosecution during cross-examination---Prosecutoin had failed to bring on record the registration documents of the vehicle and failed to prove connection of the accused with the vehicle---Sample was received by the Forensic Science Laboratory after delay of six days---Safe custody of allegedly recovered contraband till its receipt in the Forensic Science Laboratory could not be reconciled from the record---Chain of custody, safe custody and safe transmission was altogether missing---Prosecution had not complied with R.6 of Control of Narcotic Substances (Government Analysts) Rules, 2001 as it had failed to provide full protocols of test applied---Appeal was allowed and the passed by Trial Court was set aside, in circumstances. Minhaj Khan v. State 2019 SCMR 326; Ghulam Sarwar v. State 2015 PCr.L.J 1767 and Khair-ul-Bashar v. State 2019 SCMR 930 ref. THIS JUDGMENT DELIVERED BY: ABDUL HAMEED BALOCH, JUSTICE:---.---This Criminal appeal is directed against the judgment dated 08.04.2019 (impugned judgment) passed by the Model Criminal Trial Court/Special Judge Narcotics, Pishin (trial Court), whereby the appellants was convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 ("the Act") and sentenced to suffer Rigorous Imprisonment (RI) for life with fine of Rs.50,000/- (Rupees fifty thousand), in default whereof, further directed to undergo four (04) months Simple Imprisonment…

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