Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Reappraisal of evidence---Narcotic recovered from secret cavities of a vehicle---Requirement to establish conscious possession of contraband substance---Scope---Narcotic substance recovered in the present case had been recovered from some secret cavities of a vehicle in which the present accused persons were traveling at the relevant time as passengers and the said vehicle was being driven by the co-convict---In such circumstances, it was incumbent upon the prosecution to establish conscious possession of the contraband substance on the part of the accused persons but no evidence worth its name had been brought on the record in such respect---Convictions and sentences of the accused persons recorded and upheld by the courts below were set aside and they were acquitted of the charge---Appeal was allowed. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Reappraisal of evidence---Benefit of doubt---Safe custody of contraband substance by police---Scope---Case record showed that safe custody of the recovered substance at the local Police Station had not been established by the prosecution during the trial---Moharrir had been produced by the prosecution before the Trial Court but he had said nothing about receipt of the case-property or its safe custody by him---Where safe custody of the recovered substance was not established by the prosecution it could not be held that the prosecution had succeeded in establishing its case against an accused person---Convictions and sentences of the accused persons recorded and upheld by the courts below were set aside and they were acquitted of the charge by extending the benefit of doubt to them---Appeal was allowed. The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039 ref. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Reappraisal of evidence---Benefit of doubt---Safe transmission of samples from the police to the Chemical Examiner---Scope---Record showed that safe transmission of the samples of the recovered…

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