Law: Control of Narcotics Substances Act, 1997

Section: 9(c),9,36

----S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Scope---Accused was alleged to have been found in possession of 1500 grams of charas---Report of Forensic Laboratory did not give the details of full protocols and the test applied at the time of analysis of sample of narcotics rather it simply mentioned that certain tests were conducted and contraband material recovered in the case was charas---Appeal was allowed and the impugned was set aside, in circumstances. The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039 and Khair-ul-Bashar v. The State 2019 SCMR 930 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9---Possession of narcotics---Scope---Provisions of the Control of Narcotic Substances Act, 1997, provide stringent punishments, therefore, their proof has to be construed strictly and the benefit of any doubt in the prosecution case must be extended to the accused. Muhammad Hashim v. The State PLD 2004 SC 856 and Ameer Zeb v. The State PLD 2012 SC 380 ref. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 36---Report of Government Analyst---Scope---Any report failing to describe therein the details of full protocols and the tests applied would be inconclusive, unreliable, suspicious and untrustworthy and will not meet the evidentiary presumption attached to a report of the Government Analyst under S.36(2) of the Control of Narcotic Substances Act, 1997. (d) Criminal trial--- ----Benefit of doubt---Scope---Single circumstance creating reasonable doubt would be sufficient to cast doubt about veracity of prosecution case and the benefit of said doubt has to be extended in favour of the accused not as a matter of grace or concession but as a matter of right. Tariq Pervez v. The State 1995 SCMR 1345; Akhtar Ali and others v. The State 2008 SCMR 6 and Muhammad Zaman v. The State and others 2014 SCMR 749 ref. JUDGMENT MALIK SHAHZAD AHMAD KHAN, J.--- This appeal is directed against judgment dated 31.01.2019 passed by the learned Additional Sessions Judge/ Judge Special Court (CNS), Mianwali, whereby, in case FIR No. 335 dated 17.09.2018, registered at Police Station…

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