Law: Control of Narcotics Substances Act, 1997

Section: 9(6)(b)(c)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(6)(c)--Conviction and sentence--Appeal before High Court--Sentence was reduced--Challenge to--Recovery of charas--Difference between recovered case property--Benefit of doubt--Acquittal of--Memorandum of Recovery ten packets of charas weighing one kilogram each had allegedly been recovered from custody of appellant and it had been maintained by prosecution that from each of said packets one sample weighing five grams had been separated for chemical analysis--It was alleged by prosecution that each of parcels separated from recovered substance was affixed with three seals reading S.K. but record shows that monogram carrying alphabets S.K. was not found available in case-property at all--Record of case also shows that nobody had appeared before trial Court to confirm safe custody of recovered substance at Police Station and Moharrir had also not appeared before trial Court--No witness had been produced before trial Court to state that recovered substance or parcels had not been tampered with while in transmission to Forensic Science Laboratory or office of Chemical Examiner--Conviction and sentence of appellant are set aside and he is acquitted of charge by extending benefit of doubt to him--Appeal was allowed. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, J.- Faizan Ali appellant had allegedly been apprehended while driving a motorcar from some secret cavities of which ten packets of charas were recovered on 24.07.2011 and on the basis of such recovery he was booked and tried in case FIR No. 307 registered at Police Station Sarband, Deshawar for an offence under section 9(c) of the Control of Narcotic Substances Act, 1997. One sample of five grams had been separated from each of the recovered packets which samples had subsequently been tested positive by the Chemical Examiner. After a regular trial the trial Court convicted the appellant for an offence under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced him to rigorous imprisonment for ten years and a fine of Rs. 1,00,000/- but on appeal the High Court converted the appellant's conviction from one under section…

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