Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Recovery of charas--Acquittal of--Recovery of two packets of Charas, which were weighed and each packet was found containing one kilogram of Charas--According to report of Punjab Forensic Science Agency, date of submission of samples over there, which both dates are not reconcilable and this glaring contradiction is sufficient to establish that safe custody, transmission and deposit of samples to Punjab Forensic Science Agency has not been proved--Recovery memo. shows that it has been prepared by investigating officer whereas recovery memo. of narcotic clearly depicts that it has not been prepared by Investigating Officer--This fact also raises eyebrows regarding truthfulness of case of prosecution and evidence produced before Court--Prosecution witnesses are not corroborating/ tallying each other on crucial points--Samples even otherwise were sent with delay--Inspite of fact that police party was having prior information regarding bringing narcotic by accused, no private witness has been associated in recovery proceedings--Initial burden of proving charge was upon prosecution, which could not be discharged by it--Since prosecution has failed to prove its case beyond shadow of doubt against appellant. 1995 SCMR 1345 ref. THIS JUDGMENT DELIVERED BY: FAROOQ HAIDER, J.- Through the above mentioned appeal Muhammad Sattar (hereinafter referred as appellant) has assailed the judgment dated 10.8.2017 passed by learned Additional Sessions Judge, Dera Ghazi Khan, whereby appellant has been convicted and sentenced under Section 9(c) of Control of Narcotic Substances Act, 1997 to five years rigorous imprisonment alongwith fine of Rs. 50,000/- and in default thereof, he shall undergo simple imprisonment for six months with benefit of Section 382-B, Cr.P.C. 2. Brief facts, as per written complaint (Ex.PA/1) submitted by Liaquat Abbas, Naib Dafedar/Station House Officer, Police Station BMP Sakhi Sarwar, District Dera Ghazi Khan (PW-4) are that on 15.8.2016 at 4.00 p.m. alongwith Muhammad Nawaz, Ghulam Abbas, Parvez Ahmad and Driver Parvez Ahmad was present near Shakra…

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