Law: Control of Narcotic Substances Act, 1997

Section: 9 & 35

Law: Police Rules, 1934

Section: 25.2

Law: Code of Criminal Procedure (CrPC), 1898

Section: 417

Control of Narcotic Substances Act (XXV of 1997)-------Ss. 9 & 35---Police Rules, 1934, R. 25.2 (3)---Criminal Procedure Code (V of 1898), S. 417---Appeal against acquittal---Appreciation of evidence---Complainant as investigating officer---Second report of Forensic Science Laboratory (FSL)--Un-explained delay of nine months---Accused was acquitted by Trial Court, as prosecution had failed to establish charge against him---Validity---Complainant himself investigated the case and submitted challan---Such investigation could be considered to have caused prejudice to accused as all witnesses were subordinate to complainant---Role of investigating officer is of a neutral authority whose object is to unearth the truth---Investigating officer produced first FSL Report wherein protocol was not observed---Subsequently investigating officer produced another FSL Report and material was received in Federal Narcotic Testing Laboratory after about nine months of registration of FIR which contained the protocol---Second report which was sent after nine months delay without any justification had lost its evidentiary value---High Court maintained judgment of acquittal passed by Trial Court---Appeal was dismissed, in circumstances.Daulat Khan v. The State 2018 YLR 1528; Nazir Ahmed v. The State PLD 2009 Karachi 191; Khair-ul-Bashar's 2019 SCMR 930; Muhammad Naeem v. The State PLD 2019 SC 669; Amjad Ali v. The State 2012 SCMR 577 and The State v. Abdul Ali 2019 SCMR 1102 rel.JUDGMENTABDUL HAMEED BALOCH, J.---This criminal acquittal appeal has been directed against the judgment dated 13th October, 2021 (impugned judgment), passed by Judge Special Court (CNS) Balochistan, Quetta (trial court), whereby the respondent/ accused was acquitted of the charge under Section 9(c) Control of Narcotic Substances Act, 1997 in case FIR No. 19 of 2018, registered with Police Station ANF Quetta.2.    Succinct facts of the case are that on 26th September, 2018, case FIR No. 19/2018, under above mentioned section was registered with Police Station ANF Quetta, on the report of Muhammad Jawad Ali Sub-Inspector Thana ANF Quetta on the allegation of recovery of 1800 grams…

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