Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

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

Section: 30,43

Law: Criminal Procedure Code (V of 1898)

Section: 164,242,243,244,245D,245-E,245-F,265D,26 5-E,265-F,340(2),342

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Criminal Procedure Code (V of 1898), Ss. 243 & 342---Qanun-e-Shahadat (10 of 1984), Arts. 30 & 43---Recovery of narcotics---Appreciation of evidence---Admission---Proof---Benefit of doubt---Dispatch of material to Forensic Science Laboratory---Scope---Accused persons were arrested and recovery of 10 packets of Charas weighing 1200 grams each from car was made---Trial Court convicted and sentenced accused to imprisonment for life but acquitted co-accused driver on grounds that accused gave an affidavit of admission of guilt to the authorities---Validity---Safe custody of recovered substance as well as safe transmission of samples of recovered substance to Forensic Science Laboratory was not established by prosecution---Complainant/Seizing Officer took into possession contraband but it was not clear as to whom he handed over the remaining contraband---Authorities prepared samples for Forensic Science Laboratory but it was not clear as to whom he handed over the case property and samples at police station---No record or assertion was available to the effect that samples and case property were ever kept in Maalkhana---Accused was in judicial custody when affidavit was scribed and also in judicial custody when affidavit was produced in court---Affidavit did not contain any stamp of jail authorities and Oath Commissioner was also not produced by prosecution to explain as to how he attested affidavit of accused when he was in judicial lockup--- High Court set aside conviction and sentence awarded to accused as Trial Court erred in appreciating evidence in its true perspective and slightest doubt in case of prosecution was sufficient to grant acquittal to accused---Appeal was allowed in circumstances. 2019 SCMR 608; 2018 SCMR 2039; 2019 SCMR 903; Ikramullah and others v. The State 2015 SCMR 1002; 2012 SCMR 577 and 2015 PCr.LJ 62 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 244, 245-D, 245-E & 245-F---Admission of guilt---Procedure---When accused pleads guilty during course of trial, independent evidence was to be taken and conceded by court---No one be condemned and sentenced…

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