Law: Control of Narcotics Substances Act, 1997

Section: 9(C),36

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

Section: 6

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----Ss. 9(c) 36--Narcotics Substances (Government Analysts) Rules, 2001, S. 6--Acquittal of, Interception of Motorcycle--Blockade at main RCD Road--Alleged recovery of charas in four packets containing one Kilogram--Test/Analyst Report--Non compliance of Rule 6 ibid--Test/Analyst Report, issued by FNT Laboratory, FSL, Crimes Branch, is not in accordance with Rule 6 of NS(Govt Analysts) Rules, 2001 which is mandatory in nature--Report in question has no evidentiary value in view of law declared by Hon’ble Supreme Court--There was non-compliance of Rule 6 ibid to extent of full protocols to tests applied--Further safe transmission of alleged seized contraband was also not established--Benefit of doubt extendeds acquitted of charge. JUDGMENT Through this common judgment we intend to dispose of both the referred appeals as both are arising out of the same FIR and judgment dated 24.07.2019 (impugned judgment) passed by the Sessions Judge/Special Judge CNS Mastung (trial Court), whereby both the appellants were convicted under Section 9(c) of the Control of Narcotic Substances Act, 1997 (“the Act”) and sentenced to suffer Rigorous Imprisonment (RI) for eight years with fine of Rs. 20000/- (Rupees twenty thousand) each, in default whereof further directed to undergo two months Simple Imprisonment (SI) each with benefit of Section 382-B of Criminal Procedure Code, (“Cr.P.C.”). 2. Brief facts leading to file the instant appeal are that on 20.05.2018 complainant Sameeullah (constable) lodged an FIR No. 12/2019, with Levies Thana Wali Khan Mastung, alleging therein that on the stated date and time on the direction of Assistant Commissioner he along with other levies personnel made a blockade at main RCD Road Saeed Abad Area. Meanwhile at about 1:15 a.m., a motorcycle bearing Registration No. MF-4102 coming from Mastung boarded by the appellants was intercepted. On search three packets charas from right side and two packets from left side of the Khurgin of motorcycle were recovered. On weighing four packets, each packets contained one kilogram while the rest one packet contained 500 grams, which were taken into…

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