Law: Control of Narcotics Substances Act, 1997

Section: 9(C),36

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss.9 (c) 36---Recovery of narcotic substance---Appreciation of evidence---Chemical analysis---Delay in sending samples--- Quantity of narcotics---Determination---Charas (Gardah) weighing 3500 grams was alleged to have been recovered from accused---Trial Court convicted accused and sentenced him to imprisonment for five years---Validity---Four packets of Charas weighing 875 grams each were alleged to have been recovered from possession of accused---Packets were sent to Chemical Examiner after an unexplained delay of about one month and nine days---Chemical Examiner did not state in his report that from total 3500 grams of Charas (Gardah) how much Charas in purified condition could have been extracted---Such lapse on the part of Chemical Examiner could not be ignored lightly and benefit of such doubt was to be given to accused as a matter of right---High Court maintained conviction awarded to accused by Trial Court but sentence was reduced from five years to two years imprisonment---Appeal was dismissed accordingly. 2017 YLR 1292; 2008 YLR 985; 2012 YLR 251; 2015 YLR 2163; 2015 YLR 2520; 2016 YLR Note 123; 2016 YLR 85; 2009 SCMR 1169; 2019 PCr.LJ 1441; 2012 CLC 1645 and 2007 YLR 373 ref. 2008 SCMR 991 rel. ORDER MALIK HAQ NAWAZ, C.J.--- The instant criminal appeal under section 48 of CNSA, 1997 read with section 410, Cr.P.C. has been filed by the present convict/appellant against the impugned judgment/conviction order dated 10-10-2019 passed by the learned Special Judge CNSA/ Sessions Judge Gilgit, whereby the learned trial Court/ Special Judge CNSA has convicted the appellant/convict vide its order dated 10-10-2019 under section 9-C, CNSA, 1997 and sentenced him to undergo imprisonment for 05 years and also imposed fine of Rs. 300,000/- (three lac) which has been made impugned before this Court. 2. Brief facts of the case are that the police conducted a search operation on 23-11-2018 at 1645 hours within the premises of City Hospital Gilgit on special report and recovered 3500 grams of Chars (Gardah) from the accused Hadi Ur Rehman and chalked an FIR bearing No. 09/2018 at Police Station ANF Gilgit on…

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