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--Benefit of doubt--Recovery of charas--It is settled by now that the prosecution is obliged to establish that the chain of custody of the case property as well as the sample separated therefrom remained unbroken, unsuspicious, indubitable, safe and secure and any break in the chain of custody or lapse in the control of possession of the sample, will cast doubts on the safe custody and safe transmission of the sample and will impair and vitiate the conclusiveness and reliability of the Report of the Government Analyst--Prosecution has failed to prove the case beyond reasonable doubt to sustain the conviction. Prosecution has not been able to establish that after the alleged recovery the substance so recovered was either kept in safe custody or that the sample taken from the recovered substance had safely been transmitted to the office of Punjab Forensic Science Agency, Lahore without the same being tampered with or replaced while in transit. In this way, the safe transmission of the parcels said to contain charas becomes doubtful--Appeal allowed. [Pp. 1313 1314] A B JUDGMENT Raja Shahid Mehmood Abbasi, J.--Muhammad Yousaf, appellant was booked and tried in case FIR No. 173 registered at Police Station City Khanewal on 03-04-2020 for an offence under Section 9-(c) of the Control of Narcotic Substances Act, 1997 and vide judgment dated 21-11-2020 handed down by the learned Additional Sessions Judge/Model Criminal Trial Court, Khanewal, convicted the appellant for offence under Section 9-(c) of the Control of Narcotic Substances Act, 1997 and was sentenced to undergo for 05 years and 06 months R.I. along with fine of Rs. 25,000/-; in default thereof to further undergo S.I. for 05 months and 15 days with benefit of Section 382-B, Cr.P.C. Feeling aggrieved by the judgment of the learned trial Court Muhammad Yousaf, appellant assailed his conviction and sentence through filing of the instant appeal. 2. The brief facts of the case are that on 03-04-2020, the contingents of police of Police Station City, Khanewal, on spy information, apprehended the appellant from…

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