Law: Control of Narcotics Substances Act, 1997

Section: 9(c),48,36

Law: Criminal Procedure Code (V of 1898)

Section: 510

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

Section: 76

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----Ss. 9(c) 48--recovery of notice--Factum of recovery--Untrustworthy witnesses--Report cannot be used against accused--In order to bring home guilt to an accused prosecution is required to produce a credible chemical analysis report--In instant case, it has failed to do so. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 36--Criminal Procedure Code, (V of 1898), S. 510--Narcotics analysis report--Admissible in evidence--Under Section 36 of Act read with Section 510, Cr.P.C. Narcotics Analysis Report is admissible in evidence per se and is a conclusive proof of facts stated therein--However, photocopy of report cannot be equated with original. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 76--Secondary evidence--A bare perusal of above provision shows that before producing secondary evidence in respect of a lost document party concerned is obligated to categorically prove loss of original. Mr. Muhammad Faisal Bashir Chaudhry, Advocate for Appellant Mr. Shahid Aleem, Additional Prosecutor General for State. hearing date: 10.11.2020. JUDGMENT Tariq Saleem Sheikh, J.--This appeal under Section 48 of the Control of Narcotic Substances Act, 1997 (the ‘Act’), is directed against judgment dated 2.12.2015 passed by the learned Additional Sessions Judge, Jatoi, in case FIR No. 294/2015 dated 22.6.2015 registered at Police Station Jatoi, District Muzaffargarh, for an offence under Section 9(c) of the Act. 2. Brief facts of the case are that on 22.6.2015 at about 12:10 p.m. Complainant Abdul Hameed/SI (PW-3) along with other police officials was patrolling at Al-Wahab Petrol Pump Mochiwala Road when he received a source information that the Appellant, allegedly a drug peddler, was selling narcotics near her under-construction house. He tasked Ubaidullah 1871/C (PW-5) to purchase charas from her posing as a customer and gave him a marked 1000-rupee currency note for that purpose. Ubaidullah 1871/C brought him 30 grams charas out of which the Complainant drew 10 grams, prepared a sample sealed parcel for chemical analysis, secured the remainder P-l in a separate sealed parcel and seized both of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492