Law: Control of Narcotic Substances Act, 1997

Section: 9(C)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Safe custody---Scope---Accused was alleged to have been found in possession of 5.120 kilograms of charas---Complainant deposed that he had handed over the case property including samples and custody of accused to the investigating officer---Investigating officer acknowledged such fact but he did not say as to what he did with them---Moharrar of the police station deposed that the case property was deposited in the malkhana with some delay---Case property, at some point of time, was transferred to another malkhana but the record was silent as to who took the same there---Report of Forensic Laboratory showed that sample containing approximately 5070 grams of charas was submitted in the laboratory by an Assistant Sub-Inspector of Police but no evidence was available on record showing as to where the sample came from and how it reached to his hand---Weight of residue, after separation of samples, did not match with the parcel that was delivered in the Forensic Laboratory---Prosecution had failed to establish safe custody of the case property as well as safe transmission of the sample parcels to the Forensic Laboratory---Appeal was accepted, in circumstances. The State through Regional Director ANF v. Inam Bakhsh and others 2018 SCMR 2039 and Khair-ul-Bashar v. The State 2019 SCMR 930 ref. THIS JUDGMENT DELIVERED BY: TARIQ SALEEM SHEIKH, JUSTICE:---.---Through this appeal the Appellant, Khyber Ali, has assailed judgment dated 20.6.2019 passed by the learned Additional Sessions Judge, Multan, in case FIR No.104/2016 dated 21.7.2016 registered at Police Station Kup, District Multan, for an offence under Section 9(c) of the Control of Narcotic Substances Act. 1997 (the "Act"). 2. Brief facts of the case are :hat on 21.7.2016 Complainant Abdul Razzaq/SI (PW-4) was patrolling at Chowk Bazaar with other police officials when he received a secret information that Appellant Khyber Ali, allegedly a notorious drug trafficker, was waiting for a transport near Choori Sarai Bazaar carrying a huge quantity of narcotics and that he could be apprehended if a prompt…

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