Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 173,342,382B

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

Section: R.4(2)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4(2)---Seizure of narcotic---Appreciation of evidence---Benefit of doubt---Chemical analysis---Delay in sending samples of contraband for analysis---Effect---Record showed that the alleged recovery was effected on 1.1.2016 at about 5.30 p.m., but Forensic Science Laboratory Report showed that the sample were received by the Expert on 26.1.2016 with delay of about twenty five days and such delay had not been explained---Rule 4(2) of the Control of Narcotic Substances (Government Analysts) Rules, 2001, provided that such exercise was required to be completed within 72 hours of the recovery---No plausible explanation was brought on record by the prosecution in that regard---Said delay was fatal to the prosecution case---Prosecution had failed to examine the Police 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 parcels of the samples of charas were lying about twenty five days, which had made the case of prosecution doubtful---Safe custody and safe transmission of the seized narcotic had not been established---Report of the Forensic Science Laboratory did not contain the full protocols of the test applied for, therefore, the same was not reliable---Said report being inconclusive and unreliable could not be made basis to sustain conviction and sentence of the accused---Appeal was allowed and accused was acquitted, in circumstances. Muhammad Aslam v. The State 2011 SCMR 820 and Shamsullah v. The State 2013 MLD 1527 rel. THIS JUDGMENT DELIVERED BY: ZAHEER-UD-DIN KAKAR, J.--- This Criminal Appeal is directed against the judgment dated 28.4.2018 ("the impugned judgment"), passed by the Special Judge, CNS, Quetta ("the trial Court"), in case FIR No.01 of 2016 dated 01.01.2016 registered with Police Station, New Sariab, Quetta, whereby the appellant Gul Hassan son of Fida Hussain has been convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 ("the Act") and sentenced to suffer Rigorous Imprisonment (RI) for Six (6)…

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