Law: Control of Narcotics Substances Act, 1997

Section: 9(C)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 8

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)--- Transportation of narcotics--- Safe custody--- Non-production of sample-bearer---Scope---Delay in sending samples to Laboratory---Scope---Accused was alleged to have been found driving a vehicle search whereof led to recovery of 12 kgs of charas---Seizing Officer did not remember the order/line in which the contraband was lying---No receipt or abstract of Malkhana Register was placed on record---Sample-bearer was not examined---Contraband was taken into possession on 22-02-2015 whereas the samples reached the Forensic Laboratory on 10-03-2015 and there was nothing on record to show as to where the samples remained during the period---Investigating Officer, in his cross-examination, had admitted that he had not investigated the factum of delay in sending of alleged samples to Forensic Laboratory and its safe custody---Trial Court had not analyzed the prosecution evidence in its true perspective and in accordance with the settled principles for dispensation of criminal justice---Appeal against conviction was accepted, in circumstances. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 8---Information as to commission of offences---Scope---Informer is immune from appearing before the Court to record his statement. (c) Criminal trial--- ----Benefit of doubt---Scope---Single doubt in the prosecution case is sufficient to record acquittal of an accused. JUDGMENT MUHAMMAD AYUB KHAN, J.--- This criminal appeal is directed against the judgment dated 30.09.2016 passed by learned Additional Sessions Judge-II/Judge Special Court, Peshawar delivered in case FIR No.247 dated 22.02.2015 under section 9(c) of the Control of Narcotic Substances Act, 1997 of Police Station Hayatabad, Peshawar, whereby on conviction, the appellant has been sentenced to rigorous imprisonment for life with a fine of Rs.3,00,000/- or in default whereof to undergo four months SI with benefit under section 382-B, Cr.P.C. 2. As per prosecution version, complainant Nauman Khan, ASI (PW-4) received information qua smuggling of huge quantity of narcotics from tribal territory in motorcar bearing registration No.STE-7860. In order to foil…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492