Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

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

Section: 6

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

Section: 129(g)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)--- Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 6---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Possession of narcotics---Withholding of best evidence---Scope---Allegation against accused was that the complainant, having spy information, got de-boarded the accused from a flight, got his baggage i.e. trolley bag off loaded, out of which eight kilograms of heroin was recovered among other articles---Baggage tag having been available on the trolley bag was not produced in evidence, which led the Court to draw an inference adverse to the prosecution under Art. 129(g) of Qanun-e-Shahadat, 1984---Closed-circuit television (CCTV) footage of the luggage booking, boarding card issuance counter or the departure lounge were not collected and secured by the investigating agency to produce the same in evidence to establish the fact that it was the accused who got the trolley bag booked with the airline---Report of Chemical Examiner although carried the names of tests applied yet he had not mentioned the test protocols applied in carrying out the required tests, which was against the mandate of R. 6 of Control of Narcotic Substances (Government Analysts) Rules, 2001---Accused could not be convicted and sentenced only on the basis of oral assertions---Prosecution case was seriously doubtful---Appeal against conviction was allowed, in circumstances. Khair ul Bashar v. The State 2019 SCMR 930 and The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039 rel. JUDGMENT SYED SHAHBAZ ALI RIZVI, J.--- Sohail Almas, appellant, through instant appeal, has assailed the judgment dated 31.10.2016 passed by the learned Sessions Judge/Judge Special Court (CNS), Rawalpindi in case FIR No.28 dated 22.04.2014, offence under section 9(c) of the Control of Narcotic Substances Act, 1997 registered at Police Station ANF RD District Rawalpindi whereby, he was convicted under section 9(c) of the Act ibid and sentenced to rigorous imprisonment for twelve years with fine of Rs.1,50,000/- and in default thereof, to undergo simple imprisonment for one year. The appellant was however, awarded…

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