Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic substance---Appreciation of evidence---Benefit of doubt---Safe custody---Delay in sending samples to the Forensic Laboratory---Non-production of sample-bearer---Effect---Accused was alleged to have been found in possession of 1050 grams of charas---No independent witness to the incident was produced---WHC (Writing Head Constable), who allegedly recorded FIR of the case, was not examined by the prosecution---Charas, on chemical examination, was found to be 1003 grams---Contraband was subjected to chemical examination with a delay of six days---Incharge of the malkhana and a constable, who took the charas to Chemical Examiner, was not examined by the prosecution to prove safe custody and transmission of charas---Case of prosecution was not free from doubt and the accused was entitled to its benefit---Appeal against conviction was allowed, in circumstances. Ikramullah and others v. The State 2015 SCMR 1002 and Tarique Pervaiz v. The State 1995 SCMR 1345 rel. JUDGMENT MUHAMMAD IQBAL MAHAR, J.--- The facts in brief necessary for disposal of instant appeal are that on arrest from the appellant it is alleged to have been secured 1050 gram of charas (which on chemical examination was found to be 1003) by police party of CIA Center Tharparkar at Mithi led by SIP Hameer Jee for that he was booked and reported upon. 2. At trial, appellant did not plead guilty to the charge and prosecution to prove it examined PW-1 complainant SIP Hameer Jee, PW-2 mashir PC Gul Muhammad, PW-3 SIO/SIP Khan Muhammad and then closed the side. 3. The Appellant in his statement recorded under section 342, Cr.P.C. denied the prosecution allegation by pleading innocence, but did not examine him on oath or anyone in his defence to disprove the prosecution allegation against him. 5(sic) On conclusion of the trial, learned trial Court found the appellant guilty for an offence punishable under section 9(c) of CNS Act, and then convicted and sentenced him to undergo R.I. for four years and six months and to pay fine of Rs.20,000/=and in case of his failure, to make payment of fine to undergo Simple Imprisonment…

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