Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Control of Narcotic Substances (Government Analysts) Rules, 2001

Section: 6

Law: Criminal Procedure Code (V of 1898)

Section: 510

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of 2880 grams of charas and 270 grams of heroin---Reappraisal of evidence---Accused was apprehended red-handed and the narcotics were recovered from his exclusive possession---Recovery witnesses and the complainant, who were police officials, remained consistent on the point that it was accused in whose exclusive possession the narcotic was recovered---Both the witnesses had no animosity against the accused and they remained firm during cross-examination; they had no reason to falsely implicate the accused, and both the courts below found their testimonies to be reliable and truthful---Recovered narcotics were sent to the Forensic Science Agency (FSA) and Agency tested positive through its report---Safe transmission of the narcotics to FSA was also established by the prosecution by producing Moharrar whereas complainant himself took the parcel from the Moharrar and transmitted it to the FSA---Case property was exhibited in the court---Prosecution proved its case against the accused through trustworthy evidence and other circumstances of the case---Appeal was dismissed. (b) Control of Narcotic Substances (Government Analysts) Rules, 2001--- ----R. 6---Control of Narcotic Substances Act (XXV of 1997), S. 9(c) ---Criminal Procedure Code (V of 1898), S. 510, proviso---Possession of narcotics--- Report of Government Analyst---Protocols/procedure used---Non-mentioning of the detail of the protocols---Effect---In the present case in the report of Forensic Science Agency (FSA), the details of the protocol were not mentioned, however the test applied, protocol and result of the test had been mentioned---If there was any ambiguity in such a report the same may (also) be resolved by the trial court by exercising its powers under proviso to S. 510, Cr.P.C.---No ambiguity was found in the FSAs report and there was no infirmity in the impugned and the conclusion drawn by the courts below regarding guilt of the accused---Appeal was dismissed. ORDER SARDAR TARIQ MASOOD, J.--- Through this appeal by leave of the court appellant Shafa Ullah khan impugns the judgment dated 18.03.2019 passed by a…

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