Law: Control of Narcotic Substances Act, 1997

Section: 9(C)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of cannabis---Reappraisal of evidence---Failure to establish safe transmission of samples to the office of the Chemical Examiner---Recovery of narcotic substance was denied by the accused throughout---Prosecutions failure to establish safe transmission (of samples) to the office of Chemical Examiner had its consequences since the narcotic character of the contraband was not established as the relevant police official, examined while standing with the Public Prosecutor, did not utter a single word to prove transmission of the entire cache, purportedly transmitted by him to the office of Chemical Examiner---In absence of safe transmission of the samples, the accused could not be saddled with the culpability of possession of narcotic without being conjectural---Appeal was allowed and accused was acquitted of the charge. JUDGMENT QAZI MUHAMMAD AMIN AHMED, J.--- The appellant was surprised with a considerable cache of cannabis by a contingent of Khanpur Mahar Ghotki police on 27.3.2017; a Special Judge (CNA) Ghotki vide judgment dated 20.10.2017 returned him a guilty verdict; convicted under section 9(c) of the Control of Narcotic Substances Act, 1997, he was sentenced to 10-1/2 years rigorous imprisonment with a direction to pay fine in the sum of Rs.50,000/- or to undergo simple imprisonment for a period of 8…

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