Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

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

Section: 4(2)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4(2)---Possession of narcotics---Appreciation of evidence---Recovery proceedings---Sample analysis, delay in---Effect---Accused was arrested while sitting in rear seat of Vehicle from which 10 sacks of raw Charas weighing 250 kilograms was allegedly recovered but driver had escaped---Recovery proceedings were not carried out at spot rather all proceedings were carried out in Levies station---Non-sealing of samples soon after its recovery at spot had created serious doubt in case of prosecution and no implicit reliance could be placed on chemical examiner's report hence case of prosecution was highly doubtful---Incharge of vehicle was always considered to be driver of vehicle and he was held responsible for recovery of any sort of article from said vehicle---Whatever articles lie in such vehicle would be under his (Driver's) control and possession and more knowledge and awareness would be attributed to incharge of vehicle---Mere presence of accused in vehicle neither established his ownership in respect of vehicle nor he could be held responsible for recovery of contraband from same---Prosecution failed to establish nexus of accused with such vehicle and since no nexus of accused with alleged vehicle had been established by prosecution, accused could not be held responsible for recovery of any contraband from such vehicle---Receipt of samples after 45 days vanished evidentiary value of Forensic Science Laboratory report---Otherwise investigating officer failed to tender any plausible explanation for delay in sending samples for analysis--- High Court set aside conviction and sentence awarded to accused by Trial Court as same had suffered from misreading and mis-appreciation of evidence and acquitted him of charge---Appeal was allowed in circumstances. Khan Bacha v. The State PLD 2006 Kar. 698 and Kashif Amir v. The State PLD 2010 SC 1052 rel. JUDGMENT ABDULLAH BALOCH, JUSTICE:---.--- This judgment disposes of Criminal Appeal No.170 of 2019 filed by the appellant Habib-ur-Rehman son of Shah Muhammad, against the judgment dated…

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