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

Section: 4

(a) Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019)--- ----S. 9(d)---Possession of narcotics---Appreciation of evidence---Prosecution case was that 24280 grams of charas was recovered from the possession of the accused---All the witnesses had narrated the episode in astraight forward manner and remained consistent as regards the mode and manner in which the accused was arrested, the process of search and seizure which was carried out, weighment of contraband and separation of samples from the packets coupled with its scaling in separate parcels, arrival of Investigating Officer to the spot and the proceedings he conducted---Keeping in view the consistency in the testimony of prosecution witnesses in juxtaposition with the collected evidence vis- -vis the peculiar facts and circumstances, the prosecution had not only been successful in proving the factum of recovery, right from the beginning till the end, but had also been successful in proving safe custody of the recovered contraband and its safe transmission to the Forensic Science Laboratory, where the report was received in positive and as such, it had further strengthened the case of the prosecution---Appeal against conviction was accordingly dismissed. (b) Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019)--- ----S. 9(d)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4---Possession of narcotics---Appreciation of evidence---Dispatch of sample for test or analysis---Safe custody---Scope---Prosecution case was that 24280 grams of charas was recovered from the possession of the accused---Record showed that the recovery was effected on 21.08.2021, whereas, the sample parcels were sent to, and received by, the laboratory on 24.08.2021---So for all intents and purposes, the requirement of R. 4 of the Control of Narcotic Substances (Government Analysts) Rules, 2001 pertaining to dispatch of sample parcel to the laboratory within 72 hours, which, though was directory in nature, but even then stood fulfilled---Testimony of Muharrir of the police station and the constable who transmitted the sample parcels to the Forensic Science Laboratory was…

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