Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of 13 kilograms charas---Appreciation of evidence---Chain of safe custody---Scope---Prosecution case was that 13 packets of hashish (charas) weighing 13 kilograms were recovered from a bag lying on the motorcycle of the accused and an amount of Rs.6500/- was recovered from the side pocket of his shirt---If the property (narcotics) was deposited at the earliest point of time with the police station and the same remained there from the date of recovery to the date on which the same was received with the Chemical Analyser, the chain of safe custody remained unbroken---Chain of safe custody began with the recovery of narcotics, it included the separation of sample and sealing the same on the spot and it should remain continuous and intact till its dispatch to the Chemical Analyser and received by him in the same sealed condition---Any break in the chain of custody or lapse in the control of the sample would cast doubt and also impair the conclusiveness of the report of the Chemical Analyser---Prosecution having established the offence appeal against conviction was dismissed, in circumstances. The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of 13 kilograms charas---Appreciation of evidence---Safe custody---Effect---Prosecution case was that 13 packets of hashish (charas) weighing 13 kilograms were recovered from a bag lying on the oil tank of motorcycle of the accused and an amount of Rs.6500/- was recovered from the side pocket of his shirt---Record showed that the prosecution witnesses had stated that the property was sealed on the spot and as per report of Chemical Analyzer the property was received in sealed condition which was sufficient to establish the chain of safe custody specially when no question was put by the defence in that regard---In the present case, entire property i.e. 13-kilograms hashish (charas) was sealed on the spot and sent to the Chemical Laboratory and the report of Chemical Analyzer indicated that the property was transited from the police…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492