Law: Control of Narcotics Substances Act, 1997

Section: 6,9(c),14,15

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----Ss. 6, 9(c), 14 & 15--Recovery of Narcotics--Safe custody and safe transmission of samples to the Chemical Examiner had not been established--Benefit of doubt--Acquittal of--Appellants were apprehended from a den of narcotics--Different quantities of charas, charas garda, opium and liquor were recovered from their individual and joint possession--Safe custody of the recovered substance as well as safe transmission of samples of the recovered substance to the office of the Chemical Examiner had not been established--Complainant/PW had deposited the recovered substance at the Malkhana of P.S. but Moharrir had not been produced before the trial court to depose about safe custody--PW who had delivered the samples of the recovered substance at the office of the Chemical Examiner had also not been produced during the trial--Appeal is allowed--Appellants are acquitted. 2018 SCMR 2039; 2015 SCMR 1002; 2012 SCMR 577 ref. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, C.J.-- Criminal Appeal No. 20-K of 2018 Abdul Ghani, Barkat Ali, Hakim Ali, Khan Muhammad and Abdul Majeed appellants were apprehended when a raid was conducted at a den of narcotics allegedly being run by the appellants and different quantities of charas, charas garda, opium and liquor were recovered from their individual and joint possession. With these allegations the appellants were booked in case FIR No. 57 registered at Police Station Anti-Narcotics Force, District West Karachi on 05.11.2013 in respect of offences under sections 6, 9(c), 14 and 15 of the Control of Narcotic Substances Act, 1997. After a regular trial the appellants were convicted by the trial court for an offence under section 9(c) read with sections 14 and 15 of the Control of Narcotic Substances Act, 1997 and were sentenced to imprisonment for life each and to pay fine which convictions and sentences of the appellants were subsequently upheld and maintained by the High Court and an appeal filed by the appellants was dismissed. Hence, the present appeal by leave of this Court granted on 10.08.2018. 2. There is hardly any occasion for discussing the merits of the…

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