Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 161,342,382B

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Safe custody and transmission of samples for Forensic Report etc.---Failure of Investigating Officer to seize parcels of sample---Effect---Charas comprising of two pieces weighing 1000 grams and 570 grams in a shopping bag was recovered from accused---Complainant while appearing as witness stated that he handed over the accused and case property to the Investigating Officer and had not handed over the parcels of sample to the Investigation Officer rather but to the Moharir---Cross-examination of complainant proved that such portion of his statement was improvement---Complainant was required to hand over the parcels of sample to the Investigating Officer---Case property produced in the court was only 750 grams comprising of four pieces in the parcel, meaning thereby that the recovered case property was not produced in the court---Moharir had stated that he handed over one parcel of sample to Investigating Officer for transmission to Forensic Science Agency on 25/1/2018 while Investigating Officer stated that sample was handed over to him on 29/1/2018---Said fact demolished the safe custody of parcel of sample---Appeal was allowed, in circumstances. Maula Jan v. The State 2014 SCMR 862 ref. (b) Control of Narcotic Substances Act (XXV of 1997)--- ---S. 9(c)---Possession of narcotic---Safe custody and transmission of samples for Forensic report etc.---Scope---Proving unbroken chain of Safe custody of parcel of sample from point/date of recovery to its receipt in the office of Government Analyst is mandatory because in such cases recovery is not mere corroboratory piece of evidence rather it constitutes the charge and entails punishment. The State through Regional Director ANF v. Imam Bakhsh 2018 SCMR 2039 and Abdul Ghani and others v. The State and others 2019 SCMR 608 rel. THIS JUDGMENT DELIVERED BY: FAROOQ HAIDER, J.--- This appeal has been filed against the judgment dated 09.01.2019 passed by learned Additional Sessions Judge, Lalian whereby in case arising out of FIR No.13/2018 dated 24.01.2018 registered under Section 9(c) of the Control of Narcotic Substances Act,…

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