Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

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

Section: 4

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4---Possession of narcotics---Delayed FIR---Despatch of sample for analysis after seventy two hours of seizure---Non-production of sample-bearer---Effect---Accused was convicted for having been in possession of 10 kilograms of charas---Occurrence took place at 10:00 a.m. but the complainant lodged the report after an unexplained delay of six hours---Safe custody and transmission of charas could not be proved by the prosecution as report of Forensic Science Laboratory revealed that the sample parcel was received with a delay of about eleven days and the delay was not explained---Such exercise was required to be completed within 72 hours as per R. 4(2) of Control of Narcotic Substances (Government Analysts) Rules, 2001---Prosecution had failed to examine the officer who had taken the sample to the Chemical Examiner, so that he could have been cross-examined on the point as to in whose custody the sealed parcel of the samples of charas was lying for about eleven days---Prosecution could not prove prompt registration of FIR, safe custody and prompt transmission of representative samples to the Government Analyst---Prosecution had failed to prove its case against the accused, in circumstances---Appeal was allowed. Muhammad Aslam v. The State 2011 SCMR 820; Shamsullah v. Thtre State 2013 MLD 1527 and Mst. Razia Sultana and others v. The State 2019 SCMR 1300 ref. THIS ORDER PASSED BY: ROZI KHAN BARRECH, JUSTICE:---.--- Vide impugned judgment dated 10.04.2019 (hereinafter "the impugned Judgment") passed by learned Special Judge, CNS/Additional Sessions Judge, Dhadar at Sibi (hereinafter "the trial Court") in Narcotic Case No. 03 of 2019 vide FIR No.01/CH/2019 of Excise Sibi dated 21.02.2019 registered with Excise Police Station Sibi, the appellant namely Muhammad Wali son of Gul Muhammad has been convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 (hereinafter "the Act") and sentenced to suffer RI for ten (10) years with fine of Rs.50,000/- (Rupees Fifty Thousand Only) and in default thereof to further undergo…

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