Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S.9(c)---Possession of narcotics---Safe custody---Non-production of Moharrir (record-keeper)---Non-production of sample-bearer---Contradictory statements---Scope---Accused was alleged to have been found in possession of 1068, 955 and 977 grams of charas---Case record showed that the very chain of events starting from the crime spot to police station regarding the dispatch and safe custody in the police malkhana of representative samples was not proved which deficiency had dented the prosecution case---Case murasila was handed over to a constable wherein there was no mention that the case property and the representative samples were delivered to him for their handing over to Moharrir of police station---Likewise, Moharrir of the police station was not produced as witness to depose that he had kept the representative samples in safe custody before they were dispatched to Forensic Laboratory---Official who had taken the samples to Forensic Laboratory for their chemical analysis had not appeared for the prosecution as its witness---Safe custody of the case property and the representative samples was not proved by the prosecution---Besides there were other contradictions in the statement of prosecution witnesses which were not taken into consideration by the Trial Court---Prosecution had not proved its case against the accused through any cogent and reliable evidence---Appeal was allowed, the conviction and sentence recorded by the Trial Court was set aside, in circumstances. (b) Criminal trial--- ----Duty of prosecution---Scope---In order to connect an accused with the commission of an offence, the prosecution must produce concrete and confidence inspiring evidence connecting his neck with the alleged crime. Ms. Zohra Durrani and Muhammad Qazzafi for Appellant. Nisar Ahmad, A.A.G. for the State. Date of hearing: 20th May, 2021. JUDGMENT LAL JAN KHATTAK, J.----This criminal appeal is directed against the judgment dated 09.08.2018 of the learned Sessions Judge/Judge Special Court, Swabi delivered in case FIR No.162 dated 26.05.2017 under section 9 (c) of the Control of Narcotics Substances Act, 1997 of…

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