| Citation(s) |
|---|
| 2019 SLG 3029 2019 SLD 3029 2019 SCMR 2004 |
Supreme Court of Pakistan
Criminal Appeal No. 10-P of 2017, decision & hearing Dated: 02-05-2019. (On appeal from the judgment of the Peshawar High Court Peshawar, Dated 19.11.2015 passed in Crl. A. No. 133-P of 2015)
MANZOOR AHMED MALIK, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Noor Alam Khan, Advocate Supreme Court
Respondent(s) by: Mujahid Ali Khan, Additional A.G. Khyber Pakhtunkwa
Criminal Appeal No. 10-P of 2017, decision & hearing Dated: 02-05-2019. (On appeal from the judgment of the Peshawar High Court Peshawar, Dated 19.11.2015 passed in Crl. A. No. 133-P of 2015)
MANZOOR AHMED MALIK, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Noor Alam Khan, Advocate Supreme Court
Respondent(s) by: Mujahid Ali Khan, Additional A.G. Khyber Pakhtunkwa
ZAHIR SHAH ALIAS SHAT
VS
THE STATE THROUGH ADVOCATEGENERAL, KHYBER PAKHTUNKHWA
Law: Control of Narcotics Substances Act, 1997
Section: 9(c),36
Law: Pakistan Penal Code, 1860
Section: 489B
Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 36---Penal Code (XLV of 1860), S. 489-B---Recovery of narcotic substance and using counterfeit currency notes as genuine---Reappraisal of evidence--- Report of Government Analyst---Incriminating articles, safe custody of---Proof---Chars weighing 10 kilograms was recovered from accused who was convicted by Trial Court and was sentenced to imprisonment for ten years, which was maintained by High Court---Prosecution did not produce that constable who delivered sealed parcel of narcotic substance to Forensic Science Laboratory---Validity---Safe custody and safe transmission of drugs from the spot of recovery till its receipt by Narcotics Testing Laboratory must be satisfactorily established---Such chain of custody was fundamental as report of Government Analyst was the main evidence for the purpose of conviction---Prosecution must establish that chain of custody was unbroken, unsuspicious, safe and secure---Any break in the chain of custody i.e. safe custody or safe transmission would impair and vitiate the conclusiveness and reliability of the Report of Government Analyst thus rendering it incapable of sustaining conviction---Supreme Court set aside conviction and sentence awarded to accused by Trial Court and he was acquitted of the charge---Appeal was allowed. State v. Imam Bakhsh 2018 SCMR 2039 rel. THIS JUDGMENT DELIVERED BY: SYED MANSOOR ALI SHAH, J.--- Upon secret information, the appellant was apprehended and 10 kilograms of charas was recovered from him. In this background, he was booked in FIR No.487, registered at Police Station Risalpur, District Nowshera, under section 9(c), Control of Narcotic Substances Act, 1997 and section 489-B, P.P.C. After regular trial, he was convicted and sentenced to 10 years' imprisonment, with fine of Rs.200,000/- or in case of default to undergo further imprisonment for…
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