Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 412,432

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Criminal Procedure Code (V of 1898), Ss. 412 & 342---Possession of narcotics---No appeal in certain cases when accused pleads guilty---Examination of accused---Appreciation of evidence---Safe custody---Delay in sending contraband to Forensic Science Laboratory---Non-recording of statement of sample bearer---Scope---Accused was apprehended by police and during his search 1800 grams of charas was recovered---Accused did not plead guilty to the charge and claimed trial---Accused, during trial, voluntarily admitted his guilt and requested for leniency---Trial Court recorded the statement of accused under S.342, Cr.P.C., where he once again admitted his guilt and prayed for leniency---Trial Court convicted the accused---Conviction and sentence of accused were recorded on the basis of statement recorded under S.342, Cr.P.C., which was not construed as "plead guilty"---Admission of accused in his statement under S.342, Cr.P.C. was admission of that incriminating material which was produced by prosecution against him---Prosecution had examined only one witness---Allegedly recovered contraband was dispatched to Forensic Science Laboratory with a delay of more than 20 days without explanation---Statement of sample bearer was not recorded during investigation---Prosecution had failed to establish the safe custody of the alleged contraband---Appeal was allowed and the impugned was set aside, in circumstances. Abdul Ghani v. State 2019 SCMR 608 rel. THIS JUDGMENT DELIVERED BY: ABDUL HAMEED BALOCH, JUSTICE:---.--- This Criminal Jail Appeal is directed against the order dated 03.08.2019 (impugned judgment) passed by the Special Judge, Control of Narcotic Substances Lasbela at Hub (trial Court), whereby the appellant was convicted under Section 9(c) of the Control of Narcotic Substances Act, 1997 ("the Act") and sentenced to suffer Rigorous Imprisonment (RI) for two years with fine of Rs.20,000/- (Rupees twenty thousand), in default whereof, further directed to undergo SI for fifteen (15) days Simple Imprisonment (SI) with benefit of Section 382-B of Criminal Procedure Code, ("Cr.P.C"). 2. Brief facts…

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