Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Appreciation of evidence---Benefit of doubt---Prosecution case was that a slab of charas weighing 1025 grams was recovered from the possession of the accused---In the report dated 09.09.2020 issued by the Chemical Examiner, the gross weight of the slab of charas was specified as being 1075 grams, and the net weight was stated to be 1071 grams which in both cases was disparate from the quantity otherwise reflected in the official record---Head of the Malkhana was also not examined by the prosecution---Contradiction/deviation in the weight of the quantity of charas casted significant doubt on whether the slab sent for analysis to the Chemical Examiner was in fact recovered from the accused, particularly when viewed in conjunction with the fact that the only persons who were witnesses to the arrest were those shown to be members of the very police party that was instrumental in that regard, and no private persons were inducted for such purpose albeit the police party ostensibly having advance information through a tip received from a confidential informant and the arrest shown to have taken place in broad daylight, at 12.30 p.m.---As such, the sanctity of the chain of custody was doubtful and the report of the Chemical Examiner was stripped of probative value---Complainant stated in his examination-in-chief that he arrested the accused on pointation of spy, however replied contrarily under cross-examination that the spy had tipped him off via telephone and that he reached at the place of incident within ten minutes from receiving such information---However, testimony of complainant was silent as to how the spy then came to accompany the police party---Other relevant prosecution witness, Police Constable also did not state during his examination-in-chief that any spy information had been received, and conceded under cross-examination that his testimony was bereft of such mention---Appeal against conviction was allowed, in circumstances. Abdul Waqar v. The State 2018 YLR 2358 and The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039 rel. JUDGMENT…

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