Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Pakistan Penal Code, 1860

Section: 34,302

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Reappraisal of evidence---Benefit of doubt---Safe custody of contraband substance by police and transmission of samples to the Chemical Examiner not established---Effect---Police raided a rented house on information that accused/appellant, a proclaimed offender, in a murder case, was present in the said house, he was arrested---Twenty four packets charas, each packet weighing 1000 grams, total 24 kgs charas, were recovered from the motorbike parked in the house---No such FIR was available on file to affirm that the accused was a proclaimed offender---Nothing was available on record that the house was rented to accused-appellant and motorbike in question was accused's property---Prosecution had not established any connection of the accused with the alleged recovery of contraband effected from motorbike parked in the house---Warrant of arrest of the competent court, if any, had not been brought on record by prosecution---Complainant/Seizing Officer had though deposed in his court's statement that he took into possession the contraband, but it was not clear from his statement as to whom he handed over the remaining contraband except the stance that complainant had taken the accused and other articles to the police station---Complainant had further deposed that he prepared the samples for Forensic Science Laboratory but from his statement it was not clear as to whom he handed over the samples for taking to Forensic Science Laboratory---Other prosecution witness had narrated that the samples were sent to Forensic Science Laboratory by the Moharrir on 30.11.2016, but without disclosing the name of official who took the same to Forensic Science Laboratory---Forensic Science Laboratory report indeed showed that Constable took the samples to Forensic Science Laboratory on 02.12.2016---Both the said important witnesses being associated with the recovered contraband at the relevant time were not produced before the Trial Court by the prosecution---Adverse inference under Art. 129(g) of Qanun-e-Shahadat, 1984 could be drawn---Nothing was available on record that samples and case…

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