Case Details

Citation(s)
2023 SLG 863 2023 SLD 863 2023 MLD 285
Balochistan High Court
Criminal Appeal No. 273 of 2021, decision Dated: 14th October, 2022. heard on: : 24th August, 2022.
MUHAMMAD KAMRAN KHAN MULAKHAIL AND SHAUKAT ALI RAKHSHANI, JJ

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Syed HIDAYATULLAH

VS

The STATE

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

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

Section: 5,6

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Prosecution case was that 15 Kg charas was recovered from the secret cavity of vehicle driven by the accused--- Contradictions were found in the statements of witnesses---Safe custody and transmitting of samples of narcotic from police to the FSL was not established---Neither the secret cavity was taken into possession separately after un-assembling the vehicle nor was produced before the Court for its examination---Appeal was allowed and accused was acquitted of the charge. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, Rr. 5, 6---Possession of narcotics---Appreciation of evidence---In the present case, the protocols as envisaged under Rr. 5, 6 of Control of Narcotic Substances (Government Analysts) Rules, 2001 were not followed---FSL report was inconclusive as neither…
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