Law: Control of Narcotics Substances Act, 1997

Section: 6,29,9(c)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 122

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 6 & 29---Possession of narcotics---Presumption for possession of illicit articles---In case of possession of narcotics drugs, the prosecution had to establish the fact that the narcotics were secured from the possession of accused---Court was required to presume that accused was guilty, unless he proved that he was not in possession of such narcotics---Prosecution was to establish that accused had some direct relationship with the narcotic drugs, or had otherwise dealt with the same---If the prosecution proved the concealment of the articles or physical custody of it, then the burden of proving that accused was not knowingly in possession of the articles was upon him---Knowledge was the essential ingredient of the offence. Nadir Khan v. The State 1988 SCMR 1899 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Qanun-e-Shahadat (10 of 1984), Art. 122---Possession and trafficking of narcotics---Appreciation of evidence---Benefit of doubt---Only allegation against accused was that he was sitting in the rear seat of the vehicle---Case of accused, in circumstances, was distinguishable from the case of the driver and absconding co-accused---Prosecution, in circumstances, was required to produce evidence to prima facie prove that said person was in joint possession; and the vehicle was in his control, or that he had any concern or dealt with the property in any manner, particularly in the case when the narcotic substance was concealed in secret cavities of the car---If there was no evidence that such person knew that charas was concealed in secret cavities, or had knowledge of the said place, so as to attract the provisions of Art.122 of Qanun-e-Shahadat, 1984---If the property was lying open or accused knew the placement of property, the situation would be quite different---Accused had stated that he being a passenger, hired that taxi for taking his wife to the hospital, he produced medical prescription to prove the illness of his wife---Seizing officer and marginal witness had admitted that the driver of the vehicle was not present in the vehicle at the relevant…

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