Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

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

Section: 6

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Possession of narcotics---Report of Government Analyst---Appreciation of evidence---Benefit of doubt---Complainant lodged FIR alleging therein that he along with other Levies Personnel made a blockade meanwhile a motorcycle boarded by the accused persons was intercepted and three packets of charas from right side and two packets from left side of the motorcycle were recovered---Failure to mention full protocols of tests applied---Effect---Non-production of person who delivered sample to the Government Analyst---Effect---Safe transmission/Safe custody---Scope---Report of Government Analyst was not in accordance with R. 6 of the Control of Narcotic Substances (Government Analysts) Rules, 2001, which was mandatory in nature---Report in question had no evidentiary value---Investigating Officer had stated that the samples of the contraband were sent to the Government Analyst through process-server but the said process-server was not produced before the Trial Court to prove the safe transmission of contraband from the custody of the Levies to the Government Analyst, which act on the part of the prosecution created serious doubts in the whole prosecution's case---Appeals were allowed, in circumstances. State v. Imam Bakhsh 2018 SCMR 2039 and Razia Sultana v. State 2019 SCMR 1300 rel. THIS JUDGMENT DELIVERED BY: ABDUL HAMEED BALOCH, JUSTICE:---.--- Through this common judgment we intend to dispose of both the referred appeals as both are arising out of the same FIR and judgment dated 24.07.2019 (impugned judgment) passed by the Sessions Judge/Special Judge CNS Mastung (trial Court), whereby both the appellants were convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 ("the Act") and sentenced to suffer Rigorous Imprisonment (RI) for eight years with fine of Rs.20000/- (Rupees twenty thousand) each, in default whereof further directed to undergo two months Simple Imprisonment (SI) each with benefit of section 382-B of Criminal Procedure Code, ("Cr.P.C."). 2. Brief facts leading to file the instant appeal are…

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