Law: Control of Narcotics Substances Act, 1997

Section: 9(c),25,29

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

Section: 4

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c), 25 29---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Mode of making searches and arrest---Search to be made in presence of witnesses---Presumption from possession of illicit articles---Dispatch of sample for test or analysts---Scope---Accused was alleged to have been found in possession of 3040 grams of charas---Entire charas was sealed on the spot for sending the same to the Chemical Examiner---Case property was kept in malkhana on the same day---Police officials were nominated as mashirs due to non-availability of private persons---Writing Head Constable (WHC) had confirmed that he had kept case property in the malkhana and recorded such entry in the property register, which was duly produced---Sample-bearer had supported the prosecution case by stating that he was given the case property for depositing in the office of Chemical Examiner under roznamcha entry, which was also produced---Minor delay in sending the sample parcel to the office of Chemical Examiner was not fatal for the prosecution case as the rules to that effect were directory and not mandatory---Prosecution had discharged its initial onus while the accused had failed to discharge his burden in terms of S.29 of Control of Narcotic Substances Act, 1997---Appeal against conviction was dismissed, in circumstances. Agha Qais v. The State 2009 PCr.LJ 1337; Abdul Waqar v. The State 2018 YLR 2358; Nazeer Ahmed v. The State PLD 2009 Kar. 191; Nazeer. and another v. The State 2014 PCr.LJ 1358; Abdul Ghani v. The State 2019 SCMR 608; Shakeel alias Hakla v. The State 2018 MLD 1396 and Miandad v. The State 2019 YLR 954 distinguished. Muhammad Sarfraz v. The State 2017 SCMR 1874 ref. The State/ANF v. Muhammad Arshad 2017 SCMR 283 and Salah-ud-Din v. The State 2010 SCMR 1962 rel. (b) Criminal trial--- ----Complainant acting as Investigating Officer---Scope---No bar exists in the law for a complainant to act as investigation officer in the case. The State v. Zaffar 2008 SCMR 1254 rel. (c) Control of Narcotic Substances Act (XXV of 1997)---…

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