Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)------S. 9(c)--- Recovery of narcotic substance--- Appreciation of evidence---Chain of custody, breaking of---Delay in sending samples---Effect---Charas weighing 2050 grams was allegedly recovered form accused---Trial Court convicted the accused and sentenced him to imprisonment for 5-1/2 years---Validity---Contraband material was dispatched to laboratory two days after its recovery but no explanation whatsoever was furnished by prosecution that where material was kept for the intervening period---Such fact led to adverse inference against prosecution about safe custody of Charas---All three improbabilities rendered entire claim of police party doubtful---When chain of custody was broken, report of chemical examiner had lost its sanctity and could not be relied upon safely to convict accused---Accused person is presumed to be innocent unless and unless he is proved guilty beyond reasonable doubt---Such presumption of innocence continues until prosecution has succeeded in proving charge against accused beyond reasonable doubt on the basis of legally admissible, confidence-inspiring, trustworthy and reliable evidence---High Court set aside conviction and sentence awarded to accused as prosecution failed to establish guilt against him beyond shadow of doubt and he was acquitted of the charge---Appeal was allowed, in circumstances. 1995 SCMR 1345; State v. Imam Bakhsh 2018 SCMR 2039; Qaiser and another v. The State 2022 SCMR 1641; Ayub Masih v. State PLD 2002 SC 1048 and Naveed Asghar and 2 others v. The State PLD 2021 SC 600 rel. PLD 2001 Kar. 369; 2017 YLR 1292; 2017 PCr.LJ 501 and 2018 MLD 1025 ref. JUDGMENT ZULFIQAR ALI SANGI, J.---Through listed Criminal Appeal, the appellant has assailed the judgment dated 01.10.2022, passed by learned Special Judge for CNS/Sessions Judge, Kashmore alias Kandhkot, in Special Case No.15 of 2022 (Re. State v. Ghulam Nabi alias Naboo alias Nabi Bux Machhi), outcome of FIR bearing Crime No.22 of 2022 for the offence punishable under section 9(c), C.N.S, Act, 1997, registered with Police Station, Tangwani, whereby he has been convicted for an offence punishable under section 9(c) of…

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