Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(1),3(e)

Law: Police Rules, 1934

Section: 22.49

(a)    Control of Narcotic Substances Act (XXV of 1997)-------S.9(1)3(e)---Possession and transportation of 40 kilograms Charas--Appreciation of evidence---Benefit of doubt---Recovery of narcotic substance doubtful---Prosecution case was that 40-kilogram Charas in 40 packets was recovered from secret cavity of the vehicle driven by accused---Complainant neither in his murasila nor in his statement before the Court stated that after the recovery to whom he had handed over the recovered contraband---Complainant did not state that when Investigating Officer came to the place of occurrence--Recovery witness, who testified in line with the testimony of complainant reiterated, what complainant had stated---Said witness also did not state that as to whom the narcotic was handed over after recovery---In absence of such explanation, the chain of recovery from the place of occurrence to the malkhana had not been found to be linked---Recovery of narcotic was allegedly made from the secret cavities of the CNG cylinder---Prosecution witnesses had not explained as to what kind of cavities were made in the CNG cylinder and as to how and in what manner the recovery was effected from such cavities--Moreso, it had also not been explained that how the CNG cylinder was unassembled or if not unassembled then in what manner the recovery was effected---Prosecution during trial even did not produce the CNG cylinder in order to see and examine as to how the 'charas' was concealed therein, which casted doubt in the recovery---Appeal against conviction was allowed, in circumstances.Aslam Khan v. The State 2021 PCr.LJ 1018 and Muhammad Sajjad v. The State 2023 YLR 408 rel.(b)    Control of Narcotic Substances Act (XXV of 1997)-------S.9(1)3(e)---Possession and transportation of 40 kilograms Charas--Appreciation of evidence---Safe custody and safe transmission of the narcotics for analysis not established---Prosecution case was that 40-kilogram Charas in 40 packets was recovered from secret cavity of the vehicle driven by accused--In order to substantiate the safe custody and transmission of the narcotic, the prosecution produced Head Constable; he…

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