Law: Control of Narcotics Substances Act, 1997

Section: 9(b)(c)

Law: Criminal Procedure Code (V of 1898)

Section: 382B

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

Section: R.4

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)--- Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4---Possession of narcotic substance---Delay in sending sample of narcotic substance to Government Analyst---Appreciation of evidence---Benefit of doubt---Accused was charged for possession of 1020 grams of charas---Plea of accused was that narcotic substance was allegedly recovered from him on 1-12-2014, same was submitted in malkhana on 8-12-2014 and was sent for chemical examination on 17-12-2014---Delay in sending the sample of recovered narcotic substance was stated to be due to non-submission of the required fee in the Bank caused by non-operation of the online system in the Bank---Validity---Admitted lapse on the part of the police/prosecution to have sent the recovered contraband substance for chemical analysis within the period stipulated under the law made the case against the accused as a doubtful one---Delay in sending the recovered narcotic substance for chemical examination was of more than two weeks---Substantial delay had not been adequately explained in the prosecution evidence---Appeal against conviction was allowed, in circumstances accused was acquitted of the charge. 2017 PCr.LJ 501 ref. The State v. Imam Bakhsh 2018 SCMR 2039 rel. THIS ORDER PASSED BY: MIANGUL HASSAN AURANGZEB, JUSTICE---.--- Through the instant criminal appeal, the appellant, Sajid Zaman, impugns the judgment dated 15.09.2017, passed by the learned Judge Special Court C.N.S.A. Islamabad (East), whereby he was convicted in case FIR No.384/2014, dated 01.12.2014, registered under Section 9-C of the Control of Narcotic Substances Act, 1997 ("C.N.S.A.") at Police Station Koral, Islamabad and sentenced him to rigorous imprisonment for a term of one year and nine months with a fine of Rs.13,000/-. In case of default in payment of fine, the appellant would further undergo four months and fifteen days simple imprisonment. The appellant was given the benefit of section 382-B, Cr.P.C. 2. Learned counsel for the appellant submitted that the impugned judgment dated 15.09.2017 is against the law and facts of the case; that the conviction and sentence…

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