Law: Control of Narcotics Substances Act, 1997

Section: 9(c),15

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

Section: 4

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) 15---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4---Transportation of narcotics---Aiding, abetment or association in narcotics---Dispatch of sample for test or analysis---Appreciation of evidence---Benefit of doubt---Safe custody---Non-production of sample-bearer---Contra-dictory statements--- Scope--- Accused persons were alleged to have been apprehended while transporting 03 kilograms of charas---Safe custody of the recovered substance at the local police station was not established by the prosecution during trial---Even safe transmission of the samples of recovered substance from local police station to the office to Chemical Examiner was not established--- Sample-bearer was not produced before the Trial Court---Alleged contraband was sent to Forensic Laboratory after a delay of eight days whereas according to R. 4 of Control of Narcotic Substances (Government Analysts) Rules, 2001 the sealed parcel had to be deposited within seventy-two hours after seizure---Sample was taken from only one of the three bundles and not from each bundle separately---Discrepant statements of prosecution witnesses regarding weight and colour of sample had cast serious doubt on the credibility of the prosecution case---Impugned s of both the courts below were set aside and the accused persons were acquitted of the charges levelled against them---Appeals were allowed, in circumstances. Kamran Shah and others v. State and others 2019 SCMR 1217; Mst. Razia Sultana v. The State and others 2019 SCMR 1300; Zahir Shah v. The State 2019 SCMR 2004; Mst. Sakina Ramzan v. The State 2021 SCMR 451; State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039; Zeenat Ali v. The State 2021 PCr.LJ 1294 and Noor Aga v. State of Punjab 2008 16 SCC 417 rel. (b) Criminal trial--- ----Benefit of doubt---Scope---If the Court is of the opinion that on evidence two views are reasonably possible, one that the accused is guilty and the other that he is innocent, then the benefit of doubt goes in favour of the accused. Sudheer Shah alias Kaka Shah v. The State and another 2016 SCR 1653; Muhammad…

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