Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 417

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9 (c)---Criminal Procedure Code (V of 1898), S. 417---Recovery of narcotic substance---Appeal against acquittal---Recovery, proof of---Unexplained delay in sending parcels---Accused was alleged to have been arrested on the spot and from his possession Chars weighing 6 kilograms and opium weighing 4 kilograms were recovered---Trial Court acquitted accused of the charge--- Validity--- Neither quantity of each packet was according to the reported quantity, nor opium was proved to be narcotic substance---No sample was separated from Chars as all alleged packets were intact---Strong presumption existed that fake and fabricated case was foisted against accused---Forensic Science Laboratory authorities received sample after an unexplained delay of five days---Name of police official who took the sample parcels to Forensic Science Laboratory was not mentioned, and no receipt was issued regarding receiving of sample parcels---Signature of Chemical Examiner was missing from the report, which had given the impression of a dubious report and rendered the same totally unreliable---High Court declined to interfere in the judgment of acquittal as Trial Court had correctly appreciated record and rightly discarded prosecution story and acquitted the accused---Appeal was dismissed, in circumstances. JUDGMENT FAZAL SUBHAN, J.---Appellant (The State) has filed the instant appeal under section 417, Cr.P.C. against judgment and order dated: 17.03.2014 passed by learned Sessions Judge, Haripur, in case FIR No. 13 dated: 17.01.2013 registered under section 9-C of Control of Narcotic Substances Act, Police Station, Kot Najibullah, District, Haripur, whereby, accused/respondent was acquitted from the charges levelled against him. 2. On spy information regarding presence of proclaimed offender namely Zamurad Khan, complainant/SHO on 07.01.2013 at 21:00 hours barricaded at Koklian Sako. In the meanwhile, a person having a plastic bag came from Bhedian side on foot, who on seeing the police party tried to decamp from the spot, but was overpowered. Search of sack was conducted, which resulted into recovery of six packets of charras…

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