| Citation(s) |
|---|
| 2023 SLG 1419 2023 SLD 1419 2023 SCMR 1144 |
Supreme Court of Pakistan
Criminal Appeals Nos. 197 and 198 of 2022, decided on 8th May, 2023. Date of hearing: 8th May, 2023. (On appeal against the judgment Dated 19.06.2019 passed by the Peshawar High Court, Peshawar, in Criminal Appeal No. 873-P of 2017)
Present: Sardar Tariq Masood, Amin-ud-Din Khan and Muhammad Ali Mazhar, JJ
Arshad Hussain Yousafzai, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Appellants (in Criminal Appeal No. 197 of 2022). Ms. Farhana Naz Marwat, Advocate Supreme Court (via video link from Peshawar for Appellants (in Crimina
Criminal Appeals Nos. 197 and 198 of 2022, decided on 8th May, 2023. Date of hearing: 8th May, 2023. (On appeal against the judgment Dated 19.06.2019 passed by the Peshawar High Court, Peshawar, in Criminal Appeal No. 873-P of 2017)
Present: Sardar Tariq Masood, Amin-ud-Din Khan and Muhammad Ali Mazhar, JJ
Arshad Hussain Yousafzai, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Appellants (in Criminal Appeal No. 197 of 2022). Ms. Farhana Naz Marwat, Advocate Supreme Court (via video link from Peshawar for Appellants (in Crimina
SAID WAZIR and another-----Appellants
VERSUS
The STATE and others-----Respondents
Law: Control of Narcotics Substances Act, 1997
Section: 9(c)
Control of Narcotic Substances Act (XXV of 1997)------S. 9(c)---Possession of narcotics---Reappraisal of evidence---Safe custody and safe transmission of samples to the Forensic Science Laboratory not established---Benefit of doubt---Recovery was effected on 09-06-2016 whereas sample parcels were received in the office of chemical examiner on 13-06-2016 without any plausible explanation as to where the samples remained during such period---Safe custody and safe transmission of the sealed sample parcels had also not been established by the prosecution as Moharrar, who kept the sample parcel in the Malkhana and the concerned Constable, who delivered the same parcel to the office of Forensic Science Laboratory were not produced by the prosecution---Due to such defect on the part of the prosecution it could not be held with any degree of certainty that the prosecution had succeeded in establishing its case against the accused persons beyond any reasonable doubt---Prosecution even failed to prove the ownership of the vehicle---Appeal was allowed, and accused persons were acquitted of the charge by extending benefit of doubt to them. Qaiser Khan v. The State through Advocate General, Khyber Pakhtunkhwa, Peshawar 2021 SCMR 363; Mst. Razia Sultana v. The State and another 2019 SCMR 1300; The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039; Ikramullah and others v. The State 2015 SCMR 1002 and Amjad Ali v. The State 2012 SCMR 577 ref. JUDGMENT SARDAR TARIQ MASOOD, J.---Through these appeals by leave of the Court, the appellants Said Wazir (Criminal Appeal No.197/2022) and Sahar Khan (Criminal Appeal No.198/2022) have impugned the judgment dated 19.06.2019 of the Peshawar High Court, Peshawar, whereby appeal filed by them was dismissed and their conviction and sentence awarded by the trial Court under section 9 (c) of the Control of Narcotic Substances Act, 1997 ('Act, 1997'), was maintained. 2 Precisely, facts of the case are that the appellants faced trial in case FIR No. 853/2016 registered on 09.06.2016 at Police Station Chamkani, Peshawar, under sections 9(c) and 15 of the Act for recovery of 30 kilograms of Charas, 06 kilograms of Opium…
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