Law: Control of Narcotics Substances Act, 1997

Section: 9(c)-

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S.9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Search to be made in presence of witnesses---Delay in sending sample to Chemical Examiner---Safe custody---Malkhana entry---Scope---Accused was convicted for having been found in possession of 1050 grams of charas---Place of receiving of spy information and that of incident were thickly populated areas, therefore, availability of independent persons could not be ruled out but the police party had not associated any independent person from such places to witness the event---Unexplained delay of two days in between the recovery of charas and receiving the same in the office of chemical analyzer for testing---No evidence was available on record to show that the charas was kept in safe custody from the time of its recovery until it was sent to and received in the office of Chemical Examiner---Mere production of entry of malkhana was not sufficient to testify as to safe custody and safe transit of the narcotic to the Chemical Examiner---Prosecution had failed to prove its case against the accused beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances. Ikramullah others v. The State 2015 SCMR 1002 ref. (b) Criminal trial--- ----Benefit of doubt---Scope---Benefit of doubt occurring in prosecution case must go to the accused by way of right as opposed to concession. Tariq Pervez v. The State 1995 SCMR 1345 rel. JUDGMENT ABDUL MAALIK GADDI, JUSTICE:---.--- Through this Criminal Appeal, appellant Ayaz alias Cotton Shah has called in question the judgment dated 04.03.2020 passed by the learned Sessions / Special Judge (CNS), Hyderabad, in Special Case No. 241 of 2019 (Re: The State v. Ayaz alias Cotton Shah) arising out of Crime No. 102 of 2019, registered at Police Station Phuleli, Hyderabad, for an offence under Section 9(c) of Control of Narcotic Substances Act, 1997, whereby he was convicted and sentenced to suffer R.I for four (04) years and six (06) months and to pay fine of Rs.20,000/-, in case of non-payment of fine, he shall suffer S.I for five (05) months more with benefit of section 382-B,…

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