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--Recovery of heroin and narcotics--Case was highly doubtful--Forensic report--As per prosecution case sealed sample parcel was submitted by 169/C (PW-1) with office of Punjab Forensic Science Agency--Whereas on perusal of Narcotics Analysis report of Punjab Forensic Science Agency it reveals that “W” submitted one (01) sealed parcel on--As it is case of prosecution that PW-3 moharrar handed over a parcel of sample to (PW-1) for onward transmission to office of Punjab Forensic Science Agency, Lahore, whereas--Narcotic-Analysis report of Punjab Forensic Science Agency available on record revealed that “W” deposited parcel of sample with office of Punjab Forensic Science Agency, Lahore, Whether sample deposited by “W” with office of Punjab Forensic Science Agency, Lahore relates to alleged contraband seized from possession of appellant has not been proved--There is, thus, no evidence to connect Narcotics Analysis report of Punjab Forensic Science Agency with substance that was seized from possession of appellant--The sample deposited in (he office of Punjab Forensic Science Agency could not he related with sample taken from seized substance from possession of appellant--This contradiction went to root of case--The said contradiction in deposition of aforementioned police officials as well as Narcotics Analysis report cannot be stated to he minor and irrelevant in absence of positive and material evidence. [P. 736] A B JUDGMENT Miss Aalia Neelum, J.-Mst. Phatain Bibi widow of Muhammad Hayat, Caste Kobhar, resident of Saboo Wala was involved in case F.I.R. No. 28/2014, dated 01.02.2014, offence under Section 9 (C) of The Control of Narcotic Substances Act, 1997, registered at Police Station Muhammad Wala, Tehsil Lalian, District Chiniot and was tried by the learned Additional Sessions Judge, Chiniot. The learned trial Court seized with the matter in terms of judgment dated 30.09.2014 convicted the appellant under Section 9 (C) of The Control of Narcotic Substances Act, 1997 and sentenced him to undergo two years simple imprisonment with the direction to pay…

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