Law: Control of Narcotic Substances Act, 1997

Section: 9(1)3(c)

Control of Narcotic Substances Act, 1997 (XXV of 1997)--

----S. 9(1)3(c)--Recovery of notorious narcotics--Conviction and sentence--Challenge to--Safe custody of parcel of case property--Safe custody of the allegedly recovered charas and sample taken out of it, has not been proved in this case therefore report of Punjab Forensic Science Agency, Lahore is inconclusive and cannot be made basis for conviction--Held: By now it is also well settled that if safe custody of allegedly recovered substance or parcel of sample/case property has not been proved then it straightaway leads to the acquittal of the accused; in this regard, guidance has been sought from the dictum laid down by the Supreme Court of Pakistan in the supra cases--For recording conviction and awarding sentence in a criminal case, it is mandatory to put entire incriminating material to the accused u/S. 342, Cr.P.C. in order to have his explanation/ reply in said regard otherwise it would amount to “audi alteram partem” and in this regard--Prosecution has been failed to prove its case against the appellant beyond shadow of doubt hence there is no need to discuss defence version.



2023 SCMR 986; 2024 SCMR 1408; 2024 SCMR 1571;
PLD 2012 SC 380 and 2018 SCMR 772.

Safe Custody of Parcel of Case Property--

----Now law is well settled on the point that unbroken chain of safe custody of “allegedly recovered case property and parcel of sample” is to be proved otherwise, conviction is not possible and it is rightly so because recovery of narcotics is not a mere corroboratory piece of evidence rather it constitutes the offence itself and entails punishment.

2018 SCMR 2039.

Acquittal--

----It is trite law that single dent in case of prosecution is sufficient for acquittal. [P. 43] D

2018 SCMR 772; 2019 SCMR 129; PLD 2019 SC 64 &
2023 SCMR 566.

 

ORDER

Farooq Haider, J.--This appeal has been filed against the judgment dated 18.05.2023 passed by learned Additional Sessions Judge, Jaranwala whereby in case arising out of F.I.R No. 1631/2022 dated 22.12.2022 registered under Section 9(1)(3)(c) of the Control of Narcotic Substances Act, 1997 at Police Station Khurrianwala, District Faisalabad, trial Court has convicted and sentenced the appellant as under: