Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Recovery of contraband substance--Duty of prosecution--Held: It is duty of prosecution to prove safe custody of narcotic substance and then representative samples of such narcotic substance to be sent to office of Chemical Examiner directly through representative of concerned Police Station--Unless safe custody of parcels is proved, submission of parcels in office of Chemical--Examiner cannot be proved beyond any shadow of doubt and same cannot be made basis for conviction--Samples were received from office of ETO, who had nothing to do with said parcels after 18-days as deposed about by constable office of ETO was neither member of raiding party nor representative of Police Station--Appeal was allowed. 2006 YLR 2378 Lahore, ref. THIS JUDGMENT DELIVERED BY: Asjad Javaid Ghural, J.- Through this appeal under Section 48 of The Control of Narcotic Substances Act, 1997, appellant Haroon has challenged the vires of judgment dated 23.10.2014 passed by a learned Additional Sessions Judge at Multan in case FIR No. 154 dated 05.08.2013, in respect of an offence under Section 9-C of The Control of Narcotic Substances Act, 1997 registered at Police Station, Kup Multan whereby he was convicted and sentenced as under:-- Under Section 9-C of the Control of Narcotic Substances Act, 1997 Rigorous imprisonment for 12-years and to pay the fine of Rs. 44,000/- and in default thereof to further undergo simple imprisonment for 11-months. 2. The squeeze facts of the case as narrated in the crime report (Ex.PA/1) are that Muhammad Siddique, SI (PW-5) alongwith other police contingents was present Kup Bazar on patrolling duty. On receiving a tip-off, he constituted a raiding party and reached at Sabeel Chowk. On seeing them one person tried to run away but he was. chased and apprehended by the police party. He disclosed his name as Haroon and upon his personal search, 4266-grams of charas and 2210-grams of opium was revered from his possession. Out of the recovered charas, five samples of 10/10 grams whereas five samples of 10/10 grams opium were separated, which were sealed…

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