Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(b)---Possession of narcotic---Appreciation of evidence---Delay in sending samples for examination---Possibility of tampering with case property---Non-association of private witnesses---Roznamcha entries not produced--- Effect--- Police allegedly apprehended accused while on patrol duty and found 200 grams of charas in his possession---Trial Court convicted and sentenced accused under S. 9(b) of Control of Narcotic Substances Act, 1997---Validity---Allegedly recovered charas was sent to the Chemical Examiner with a delay of about 9 days for which no explanation was given---Record did not show as to who had possession of the charas during such intervening period---Tampering with case property could not be overlooked in such circumstances---Accused was arrested from a thickly populated area surrounded by shops and hotels, but no private person was associated as mashir---Accused had taken a specific plea that excise officials had enmity with his father, therefore, it would have been better for prosecution to have examined independent persons of the locality---Original departure entry from police record had not been produced---Prosecution failed to establish its case against accused beyond any shadow of doubt---Appeal was allowed, impugned of Trial Court was set aside and accused was acquitted of the charge. Amjad Ali v. The State 2012 SCMR 577 and Muhammad Aslam v. The State 2011 SCMR 820 rel. JUDGMENT NAIMATULLAH PHULPOTO, J.---Appellant Ishfaque Ahmed son of Ghous Bux Manganhar has been convicted under section 9(b) of Control of Narcotic Substances Act, 1997 and sentenced to suffer 2-1/2 years (Two years and six months) R.I and to pay fine of Rs.20,000, in case of default to suffer R.I for three months more by learned Sessions Judge and Special Court of CNS, Jacobabad vide judgment dated 24-6-2006 in CNS Case No.7 of 2004 which was outcome of F.I.R. No.4/2004 at Excise Police Station Jacobabad. Brief facts of the prosecution case as disclosed in the F.I.R. are that on 9-3-2004, Inspector Sikandar Ali Khoso along with his sub ordinate staff, namely Excise Constable Abdul Kareem, ECs Meer Jiand, Muhammad…

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