Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(c)

(a)    Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt-- Recovery doubtful--- Prose-cution case was that 20 kilograms charas was recovered from the secret cavities of the vehicle driven by the accused---Recovery witness testified in line with the testimony of Seizing Officer and deposed that 20 kgs of charas were recovered from the cavities of the car, which were taken into possession---Said witness did not state in his examination-in-chief that where and in which manner the narcotics were concealed in the cavities---Prosecution during trial neither showed the cavities made in the car to the trial Judge nor to the adversarial parties to see and examine as to how the charas was concealed in the cavities, which made the recovery doubtful---Circumstances established that the prosecution had failed to prove the recovery---Appeal was accordingly allowed.Abdul Baqi v. State 2020 PCr.LJ 321; Aslam Khan v. State 2021 PCr.LJ 1018 and Muhammad Sajjad v. State 2023 YLR 408 rel.(b)    Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt--Safe custody of narcotic and its transmission for chemical analysis doubtful--Prosecution case was that 20 kilograms charas was recovered from the secret cavities of the vehicle driven by the accused---Seizing Officer as well as recovery witness had failed to mention about arrival of Investigating Officer, in respect of handing over the recovered charas to him or otherwise, which put dent into the safe custody and handing over the narcotics from the place of occurrence to the Malkhana---Head Constable/witness stated that on 19.12.2020 Investigating Officer came to his office and handed over parcels pertaining to samples as well as parcels pertaining to remaining charas, whereof he made entry in Register No.19 and deposited the same in Malkhana for its safe custody---Surprisingly, said witness did not mention in his statement that when and to whom he handed over the samples of narcotics for onward transmission to the Narcotics Testing…