Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

Law: Police Rules, 1934

Section: 22.18,22.70

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

Section: 102,140

Law: Criminal Procedure Code (V of 1898)

Section: 161

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Police Rules, 1934, Rr. 22.18, 22.70---Qanun-e-Shahadat (10 of 1984), Art. 102---Transportation of narcotics---Custody of property---Safe custody---Store-Room Register, non-production of---Evidence of terms of contracts, grants and other disposition of property reduced to form of document---Scope---Accused was convicted for transporting narcotics---In-charge Store Room had deposed that Investigating Officer had handed over parcels for safe custody and that he had made an entry of taking over in the Register XIX (Store Room Register)---However, neither extract of the entry was produced in evidence nor the same was made as part of the challan---Where a written document existed, it had to be produced as being best evidence of its own contents---Safe custody of the case property could have been established only when copy of the register of store room was formally brought on the record of the Court---Any matter which was required by law to be reduced in the form of a document, no oral evidence could be given for proof of that matter except the document itself---Appeal against conviction was allowed, in circumstances. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Criminal Procedure Code (V of 1898), S. 161---Qanun-e-Shahadat (10 of 1984), Art. 140---Transportation of narcotics---Cross-examination as to previous statements in writing---Contradictory statements---Delay in recording statement under S. 161, Cr.P.C.---Dishonest improvements---Scope---Accused was convicted for transporting narcotics---Investigating Officer had recorded statements of prosecution witnesses after 23 days of the recovery for which no explanation was given---Prosecution had alleged that the samples were separated from the four slabs which were sealed in parcel Nos. 1 to 4, while the remaining 3980 grams were sealed in parcel No. 5---According to S. 161, Cr.P.C. statement of In-charge Store Room, parcel No. 5 was not handed over to him by the Investigating Officer, while in Courts statement he failed to explain the improvement made by him in his examination-in-chief---Such improvement was duly…

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