Law: Control of Narcotic Substances Act, 1997

Section: 9(C)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Contradictory statements---Scope---Accused was alleged to have been found in possession of 4000 grams of charas---Witnesses had contradicted each other regarding the mode of stopping the vehicle; the part of vehicle from which the narcotic was recovered; the possession of case property and the person who had sealed the parcels---Complainant stated that he had first sealed the parcels then prepared the recovery memo and thereafter drafted murasila meaning thereby that FIR was not chalked out at that time, thus, the entry of FIR number on the parcels at the spot led to the conclusion that recovery was not made in the mode and manner as alleged by the prosecution---Conviction could neither be approved nor upheld on the basis of shaky evidence---Appeal against conviction was allowed, in circumstances. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Transmission of samples to Forensic Laboratory---Retention of samples by the sample-bearer for one night---Effect---Sample-bearer stated in cross-examination that he received the parcel in the evening and delivered the same on the next day---Duty of sample-bearer was to safely deliver the samples in the laboratory and he was not authorized to retain the samples in his possession before his departure to the Forensic Laboratory---Prosecution had not explained for which purpose the samples were handed over to the sample - bearer to retain them for one night---Chain of safe custody of the samples was broken and safe transmission thereof to the laboratory had become doubtful---Such report of Forensic Laboratory could not be relied upon against the accused--- Appeal against conviction was allowed, in circumstances. The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039 rel. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, JUSTICE:---.--- Impugned herein is the judgment dated 11.06.2019 rendered by learned Additional Sessions Judge/Judge Special Court, Dir Upper at Wari whereby appellant Fazal Maula was convicted on the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492