Law: Control of Narcotics Substances Act, 1997

Section: 9(C)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Charas 15-Kg--Safe custody and safe transmission--Recovered narcotics was shifted from spot to police station through one constable but neither statement of said constable was recorded, nor produced as witness to support safe transmission--I.O. did not know who took sample to FSL--FSL report reflects that narcotics received after two days but evidence on record is silent where same remained for two days--Accused was acquitted. 2019 SCMR 1300; 2018 SCMR 2039 ref. JUDGMENT Mazhar Alam Khan Miankhel, J.- The police party headed by SHO Police Station Mattani, District Peshawar while on combing patrol, intercepted one motorcyclist Qaiser Khan, the petitioner, and on checking and search some 15 kgs. charas was recovered which was taken into possession along with motorcycle vide recovery memo. Exh.P.W.2/ 1. Ishrat Yar Khan, SHO, the complainant and recovery officer (P.W.3), after separating and sealing sample parcels and the remaining contraband into separate sealed parcel, drafted the murasila Exh.P.A./1, accused-petitioner was arrested and was sent to Police Station through Wahab Ali Constable for registration of the FIR. Hidayat Khan, ASI (P.W.4), in the Police Station registered the FIR bearing No. 424 dated 09.12.2012 under Section 9(c) of the Control of Narcotic Substances Act, 1997 (C.N.S.A., 1997) against the petitioner. He is completely silent regarding receipt of sealed parcels of narcotics and even he does not mention that the accused/petitioner brought by Wahab Ali Constable. 2. After investigation and submission of challan, the accused was sent to the Court of Additional Sessions Judge-IV/JSC, Peshawar to face trial. After a regular trial, the trial Court vide its judgment dated 30.09.2013 convicted the accused under Section 9(c) of the C.N.S.A., 1997 and sentenced him to rigorous imprisonment for life with fine of Rs.30,000/- (thirty thousand) or in default thereof to suffer simple imprisonment for four months. Benefit of Section 382-B, Cr.P.C. was extended to him. Being aggrieved, the petitioner filed appeal before the High Court which was dismissed through the impugned judgment dated…

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