Law: Control of Narcotics Substances Act, 1997

Section: 9(c),9

Law: Criminal Procedure Code (V of 1898)

Section: 417

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Transportation of narcotics---Report or result of test or analysis---Appreciation of evidence---Benefit of doubt---Contradictory statements---Safe custody---Scope---Accused was alleged to have been transporting 12000 grams charas and 4000 grams heroin---Trial Court acquitted the accused---Occurrence had not taken place in the mode and manner as structured by the prosecution---Moharrir stated that he had handed over samples to a constable for onward transmission to the Forensic Laboratory while the alleged sample-bearer stated that samples were not handed over to him---Even application for sending the samples to the Forensic Laboratory was not drafted---Apart from the safe custody and safe transmission of the samples, the report of Forensic Laboratory did not bear the test protocols that were applied to carry out the tests---Prosecution had not been able to prove its case against the accused beyond any shadow of doubt, thus, accused was rightly acquitted of the charge---Appeal was dismissed. Khair-ul-Bashar v. The State 2019 SCMR 930 and Qaiser Javed Khan v. The State through Prosecutor General Punjab, Lahore and another PLD 2020 SC 57 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9---Possession of narcotics---Safe custody---Scope---Where safe custody of the recovered substance or safe transmission of samples of the recovered substance is not established by the prosecution then it cannot be held that the prosecution had succeeded in establishing its case against the accused. State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal---Scope---Scope of interference in appeal against acquittal is most narrow and limited because in case of acquittal the presumption of innocence is significantly added to the cardinal rule of criminal jurisprudence that an accused shall be presumed to be innocent unless proved guilty---Simple is that the presumption of innocence is doubled and the Courts shall be very…

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