Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Recovery of charas and heroin--Marginal witness--Jurisprudence on these issues is very well settled by now--Section 25 of Control of Narcotic Substances Act, 1997 excludes applicability of Section 103, Cr.P.C. therefore, association of witnesses from public is not mandatory in narcotic cases--As regards argument of counsel for appellant that there was a delay in sending samples to Punjab Forensic Science Agency, we again point out that law on this issue is settled--Rules 4 and 5 of Control of Narcotic Substances (Government Analysts) Rules, 2001, are directory (and not mandatory) in nature--Mere fact that samples were sent beyond prescribed period of 72 hours would not be fatal unless accused shows that samples were tampered or he was otherwise prejudiced by delay--Counsel for appellant has also challenged report of Punjab Forensic Science Agency (Exh.PG) as per his argument, said report cannot be read into an evidence as same was not clear with respect to test conducted to identify and analyze recovered narcotics--He submitted that it was necessary for Punjab Forensic Science Agency to have appended results of each and every test conducted by them in order to establish identity of narcotics--Report of Punjab Forensic Science Agency--A perusal of same reveals that it mentioned test which were performed on received items of evidence and results and conclusions--As per said report after analysis received items were found to contain “Heroin” and “Charas”, respectively--Report of Punjab Forensic Science Agency is in line with principles enunciated by august Supreme Court of Pakistan--Appeal was dismissed.       2008 SCMR 649 and 2003 SCMR 1237. Testimony of police officials-- ----Testimony of police officials is as good as evidence of any other witness unless accused is able to establish that police witness who appeared against him had personal motive/mala fides to falsely implicate him in offence.    [P. 680] B 2008 SCMR 825, 2013 SCMR 547, 2004 SCMR 988, 2004 SCMR 1361, 2001 SCMR 36, PLD 1996 SC 67 and 1992 SCMR 1617. Control of…

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