Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 173,340(2),342,382B

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9-C--Conviction and sentence--Challenge to--Appreciation of Evidence--Acquittal of--Recovered of 83 packets of charas weighing 100 kilograms and 17 packets of opium weighing 18 kilograms most of which were concealed in secret cavities of car--Safe custody of alleged drugs in Malkhana was not satisfactorily established and reports of Chemical Examiner in respect of samples were a nullity as they were not in accordance with law--Narcotics were brought in Car concealed in its secret cavities and on appellants' pointing out they were recovered from them, it was not produced at trial--Samples and remaining bulk were sealed with stamp having monogram M.A. but there is no explanation what it stood for--If they denote initials of some name, Inspector has not given any reason why he did not put his own monogram on seals--After drawing samples, Inspector put remaining bulk in four plastic bags and sealed them--None of PWs could explain where these bags came from--Inspector (PW) testified that he "deposited case property" with Moharrar--However, he neither mentioned name of Moharrar nor total number of parcels that he handed over to him--PW deposed that he handed over 100 sealed parcels for onward transmission to office of Chemical Examiner--He neither acknowledged receipt of charas and opium from Inspector nor confirmed their safe keeping--Government Analyst shall draw report of test or analysis with full protocols of test applied--Prosecution has produced consolidated reports of 83 samples of charas and 17 samples of opium which do not meet legal requirements--They cannot be treated as a "conclusive proof" of recovery of narcotic substances from Appellants--Appeal is accepted. PLD 2012 SC 380; 2015 SCMR 1002; 2018 SCMR 2039; 2015 SCMR 291; 2009 PCrLJ 50; 2018 YLR (Note) 93 ref. THIS JUDGMENT DELIVERED BY: TARIQ SALEEM SHEIKH, J.- By this consolidated judgment we propose to decide Crl. Appeal Nos. 217/2017, 84/2017 and 516/2017 as they assail vires of the same judgment. 2. Brief facts of the case are that on 23.6.2013 Complainant Shahid Abbas Inspector/SHO (PW-3) along with other police officials was…

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