Law: Control of Narcotic Substances Act, 1997

Section: 9(b)

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(b)---Possession of narcotic---Appreciation of evidence---Benefit of doubt--Prosecution case was that 250 grams charas was recovered from the possession of the accused---Record showed that the trial Court without referring to the report of Chemical Analyst and his conclusion, convicted and sentenced the accused, which had apparently resulted in gross miscarriage of justice---Accused could be convicted and sentenced in narcotics cases only when the substance recovered from him was found by Chemical Analyst to be narcotics---If the laboratory report in regard to substance was negative and there was no evidence to rebut the same and conclude that the substance was narcotics, then irrespective of the quality of evidence of the witnesses, accused could not be held guilty of committing an offence under the provisions of Control of Narcotic Substances Act, 1997---In such circumstances the charge would become groundless---Trial Court in presence of negative report could have opted to refer the substance to another laboratory for cross checking and second opinion if was not satisfied with the report, but the Trial Court choose to bypass it and decided the case on the basis of evidence completely ignoring the findings of laboratory qua nature of substance allegedly recovered from the accused---Appeal against conviction was allowed, in circumstances.JUDGMENTMUHAMMAD IQBAL KALHORO, J.---Appellant was arrested by a police party headed by ASI Imdad Ali Mubeejo of P.S, Kot Lalu during patrolling from a link road leading from Jarge village, near Dera Shakh Bridge, Taluka Faiz GanjKhairpur on 26.04.2022 at 1500 hours and from his possession, 25Q grams of Charas was recovered. He was accordingly booked and tried by learned Additional Sessions Judge, Mirwah who, vide impugned judgment dated 19.09.2023, has convicted and sentenced him to suffer R.I for three years and to pay fine of Rs.30,000/-, in default, to suffer S.I for six months more with benefit of section 382-B Cr.P.C. Learned Judge has founded his findings on the basis of evidence of four witnesses including complainant, mashir, who had witnessed the recovery,…

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