Law: Control of Narcotics Substances Act, 1997

Section: 9-C

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

Section: 4(2)

Control of Narcotic Substances Act (XXV of 1997)---.--- ---.---S. 9-C---.---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4(2)---.---Possession of narcotics---.---Appreciation of evidence---.---Sampleof the alleged contraband material recovered from a truck, were not sent to the Chemical Examiner within 72 hours of the seizure as required by R.4(2)of the Control of Narcotic Substances (Government Analysts) Rules, 2001---.---Unexplained delay of two months in dispatch of the sample cast serious doubts on prosecution case---.---Contradictions in the statements of the prosecution witnesses were evident---.---Three samples were taken from the recovered charas but only one sample was sent to the Chemical Examiner---.---No effort was made to arrest the owner of the truck from which said contraband were recovered---.---When contraband articles were found to be hidden in a vehicle, mere presence of a person in that vehicle was not sufficient for conviction against such person---.---No contraband article was recovered from the person of the accused---.---Mere presence of a person in the vehicle without conscious possession of contraband material would not make a case for his conviction---.---Conviction and sentence of the accused was set aside and they were acquitted of the charge. 2006 PCr.LJ 58; PLD 1998 SC 516; 2005 SC 1017 (sic); 2003 PCr.LJ 702; 2008 PCr.LJ 483; 2003 PCr.LJ 680; 1995 SCMR 1345; 2001 YLR 2958; 2005 YLR 605; PLD 2004 SC 856; 1997 SCMR 543; 2008 SCMR 991; PLD 2008 Kar. 8; 2007 YLR 839; 2008 YLR 37; 2006 YLR 401; 2007 PCr.LJ 913; PLD 2006 SC 61; 2010 PCr.LJ 825; 2006 SCMR 299; 2007 SCMR 1435; 2007 SCMR 1378; 1993 SCMR 785; 2003 SCMR 1237; PLD 2006 Pesh. 39 and 2010 SCMR 891 ref. 2007 YLR 1156; 2005 PCr.LJ 2030; 2000 PCr.LJ 1360; 2009 PCr.LJ 50; PLD 2007 Kar. 555; 2008 MLD 797; PLD 2005 Pesh. 162; 2007 PCr.LJ 680; 2008 YLR 2958; 2006 PCr.LJ 516; PLD 2008 Cr. Cases Pesh. 14 (sic); and Criminal Appeal No. 229 of 2009 rel. 2010 PCr.LJ 360; 2009 YLR 1724; 2010 PCr.LJ 157; PLJ 2005 Cr. Cases 70 (sic); PLD 2009 SC 856 and 1997 SCMR 534 distinguished. 2010 SCMR 927 and PLD 1995 SC 516 fol. THIS JUDGMENT DELIVERED BY: IRFAN SAADAT KHAN,…

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