Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(c)

Law: Code of Criminal Procedure, 1898

Section: V,342

(a)    Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of narcotics---Appreciation of evidence---Safe custody of narcotics---Charas weighing 1650 grams brought to the police station was sent to the Chemical Examiner for analysis through the Investigation Officer, but neither Head Moharir had been examined nor entry of Register No.19 had been produced before the Trial Court---Since safe custody of the charas at Police Station and its transmission through safe hands was not established on the record, the same could not be used against the accused---Prosecution had failed to establish safe custody of the narcotic substance at Police Station and its safe transmission to the expert--Circumstances established that the prosecution had failed to bring home the guilt of accused---Appeal against conviction was allowed, in circumstances.Qaiser Khan v. The State through Advocate General Khyber Pakhtunkhawa, Peshawar 2021 SCMR 363 ref.(b)    Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of narcotics---Appreciation of evidence---Contradictions in the prosecution's evidence---Police Officials as witnesses---Enmity with the Police Officials---Record revealed that Mashiras a prosecution witness during his examination replied that there was a slab of charas but in cross-examination he replied that there were 07 pieces of charas---Prosecution had no explanation for such ambiguity---According to the case of prosecution, appellant was arrested at 6:00 a.m. and presence of 2/3 private persons had also come on record--- Nonexamination of these private persons was fatal to the case of prosecution, for the reason that appellant in his statement recorded under S. 342, Cr.P.C., had claimed enmity with the police officials---No doubt, evidence of Police Officials was as good as of private persons but when appellant claimed enmity with police the Court would look into independent corroboration, which was lacking in present case--Circumstances established that the prosecution had failed to bring home the guilt of accused---Appeal against conviction was allowed, in…