Law: Control of Narcotics Substances Act, 1997

Section: 6,9(c),14,15

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c), 14 & 15---Possession of narcotics, aiding, abetment or association in narcotic offences---Safe transmission of samples to the Chemical Examiner not established---Effect---In a case where safe custody of the recovered substance or safe transmission of samples of the recovered substance was not proved by the prosecution through independent evidence, it could not be concluded that the prosecution had succeeded in establishing its case against the accused beyond reasonable doubt---Record of the present case showed that safe custody of the recovered substance as well as safe transmission of samples of the recovered substance to the office of the Chemical Examiner had not been established by the prosecution---Station House Officer (SHO)/complainant had stated before the Trial Court that he had deposited the recovered substance at the malkhana of the local police station but admittedly the moharrir of the said police station had not been produced before the Trial Court to depose about safe custody of the recovered substance---Head Constable who had delivered the samples of the recovered substance at the office of the Chemical Examiner had also not been produced during the trial so as to confirm safe transmission of the samples of the recovered substance---Convictions and sentences of the accused persons recorded and upheld by the courts below were set aside in such circumstances and they were acquitted of the charge by extending the benefit of doubt to them---Appeal was allowed accordingly. The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039; Ikramullah and others v. The State 2015 SCMR 1002 and Amjad Ali v. The State 2012 SCMR 577 ref. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, C.J.--- Criminal Appeal No. 20-K of 2018 Abdul Ghani, Barkat Ali, Hakim Ali, Khan Muhammad and Abdul Majeed appellants were apprehended when a raid was conducted at a den of narcotics allegedly being run by the appellants and different quantities of charas, charas garda, opium and liquor were recovered from their individual and joint possession. With these allegations the appellants were…

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