Law: Control of Narcotics Substances Act, 1997

Section: 9(c),15

State. (a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) 15---Possession of narcotics---Aiding, abetment or association in narcotic offences---Appreciation of evidence---Safe custody---Contradiction in evidence---Scope---Accused persons were alleged to have been found in possession of charas---Sample-bearer stated that he received three samples on 16-05-2018 from the Moharrir, deposited them in the Forensic Laboratory on the same day whereas report of Forensic Laboratory showed the date of receipt of parcels as 17-05-2018---Prosecution throughout the trial did not question the said entry rather relied upon the report to substantiate that the recovered substance was charas---Prosecution had failed to establish the unbroken chain of transmission of sealed sample parcels to the office of Forensic Laboratory---Appeals against conviction were allowed, in circumstances. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9---Possession of narcotics---Safe custody---Scope---Proving unbroken chain of safe transmission of the sample parcels is necessary for conviction in narcotic cases because the recovery is not just a corroboratory piece of evidence rather constitutes the charge having punishment and if unbroken chain of safe custody has not been established, it would be considered grave and fatal for the prosecution case---Prosecution has to prove safe custody from the point of recovery till its submission by way of samples to the Laboratory. The State through Regional Director ANF v. Imam Bakhsh 2018 SCMR 2039; Abdul Ghani and others v. The State 2019 SCMR 608 and Criminal Appeal No.202/2019, vide dated 17.10.2019 ref. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----S.9---Possession of narcotics---Safe custody---Duty of prosecution---Scope---Role of prosecution requires great responsibility and prosecution has to prove its case beyond doubt on every important aspect---Preservation of separated samples from recovered drug and its safe transmission to the Malkhana and onward deposit in the office of Chemical Examiner for report without any flaw is most important phenomena in the narcotic cases---Said requirement is so…

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