Law: Control of Shipping Act, 1947

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Reappraisal of evidence---Safe custody and safe transmission of samples to the Forensic Science Laboratory not established---Benefit of doubt---Recovery was effected on 6-9-2012 whereas sample parcels were received in the office of chemical examiner on 12-9-2012 without any plausible explanation as to where the samples remained during such period---Safe custody and safe transmission of the sealed sample parcels had also not been established by the prosecution as Moharrar, who kept the sample parcel in the Malkhana and the concerned Constable, who delivered the same parcel to the office of Forensic Science Laboratory were not produced by the prosecution---Due to such defect on the part of the prosecution it could not be held with any degree of certainty that the prosecution had succeeded in establishing its case against the accused person beyond any reasonable doubt---Appeal was allowed, and accused was acquitted of the charge by extending benefit of doubt to him. [p. 1661] A Date of hearing: 26th April, 2022. JUDGMENT SARDAR TARIQ MASOOD, J.--Through instant appeal by leave of the Court, the appellant has impugned the judgment dated 24.02.2016 of the Peshawar High Court, Peshawar, whereby appeal filed by him was dismissed and his conviction and sentence awarded by the trial Court under section 9(c) of the Control of Narcotic Substances Act, I997 ('Act, 1997'), was maintained. 2. Precisely, facts of the case are that the appellant faced trial in case FIR No.1147/2012 registered on 06.09.2012 at Police Station Charsadda, under section 9(c) of the Act. On conclusion of trial, he was convicted under section 9(c) of the Act and sentenced to life imprisonment with a fine of Rs.3,00,000/- or in default thereof to further undergo six months' simple imprisonment. Benefit of section 382-B of the Code of Criminal Procedure, 1898 was also extended to him. Appeal filed by him before the Peshawar High Court, Peshawar was dismissed. Hence, this appeal by…

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