Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 161,342,382B

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Safe custody of the case property and forwarded the sample to the office of PFSA--Appreciation of evidence--Acquittal of--Charas comprising two pieces weighing 1000-grams and 570-grams in a shopping bag was recovered from the possession of the appellant--During investigation evidence is to be collected--Handing over parcel of sample to the I.O.--Complainant has not handed over parcel of sample to the I.O.--Process of collection of evide.nce in the case did not include this most important piece of evidence, therefore, neither the same can be relied by the prosecution nor used against the appellant/accused--Case property produced in the Court was only 750-grams comprising upon four pieces in the parcel--Case property produced in the Court was not in two pieces--Thereby allegedly recovered case property in the case has not been produced in the Court--PW handed over one parcel of sample to SI for its onward transmission to PFSA--Proving unbroken chain of safe custody of parcel of sample from point/date of recovery to its receipt in the office of Govt. Analyst is mandatory in the cases involving recovery of narcotics--Recovery is not mere corroboratory piece of evidence rather itself constitutes the charge and entails punishment--Prosecution has been failed to prove its case against the appellant beyond shadow of doubt, hence, the appellant is acquitted. 2014 SCMR 862; 2018 SCMR 2039; 2019 SCMR 608; 2015 SCMR 1002; 2012 SCMR 577 ref. THIS JUDGMENT DELIVERED BY: FAROOQ HAIDER, J.- This appeal has been filed against the judgment dated 09.01.2019 passed by learned Additional Sessions Judge, Lalian whereby in case arising out of F.I.R. No. 13/2018 dated 24.01.2018 registered under Section 9(c) of the Control of Narcotic Substances Act, 1997 at Police Station Muhammad Wala, District Chiniot (Ex. PB/1), the learned trial Court has convicted and sentenced the appellant as under: under Section 9(c) of Control of Narcotic Substances Act, 1997 to rigorous imprisonment for 04 year and 06 months with fine of Rs.20,000/- and in default thereof the appellant was directed…

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