Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

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

Section: 4(2)

Law: Criminal Procedure Code (V of 1898)

Section: 342

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4 (2)---Criminal Procedure Code (V of 1898), S. 342---Recovery of narcotic substance---Appreciation of evidence---Unexplained delay in sending samples to the Laboratory---Effect---Failure to put incriminating evidence to accused---Heroin and Charas weighing 1025 and 235 grams respectively were allegedly recovered from accused---Accused was arrested on 15-12-2017 and recovery was effected on the same date---Samples were drawn and sealed at the spot but were sent to laboratory on 20.12.2017 after unexplained delay of five days---Such exercise was to be completed within seventy two hours of the recovery as per R.4(2) of Control of Narcotic Substances (Government Analysts) Rules, 2001---Prosecution failed to explain such inordinate delay caused in completion of such exercise by Investigating Officer---Case properties i.e. heroin and Charas were not put to accused at all at the time of recording of statement of accused under S. 342, Cr.P.C., which was fatal to prosecution case---If a piece of evidence or a circumstance was not put to an accused at the time of recording of his statement under S. 342, Cr.P.C. the same could not be considered against him for the purposes of recording his conviction---High Court set aside conviction and sentence awarded to accused by Trial Court and acquitted him of the charge---Appeal was allowed in circumstances. Muhammad Aslam v. The State 2011 SCMR 820; Ameer Zaib v. The State PLD 2012 SC 380; Qaddan and others v. The State 2017 SCMR 148 and Imtiaz alias Taj v. The State and others 2018 SCMR 344 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 342---Statement of accused---Object, purpose and scope---Provision of S.342, Cr.P.C. is based on maxim audi alteram partem, which means that no one should be condemned unheard---Where a person is to be charged with any penal liability he should be made aware of all facts and circumstances existing against him in order to enable him to give explanation in respect of those charges and evidence produced against him---Statement under S. 342, Cr.P.C. is…

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