Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(c),36(2)

Law: Control of Narcotic Substances (Government Analysts) Rules, 2001

Section: 5,6

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

(a)    Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of narcotic substances---Appreciation of evidence---Safe custody of the recovered contraband not proved---Accused were charged for having possession of 3360 grams charas---Complainant stated in his examination in chief that he had shown the recovered contraband to the Investigation Officer on the spot---Later on complainant handed over the case property and the accused to Muharrir of the police station at about 07:30 pm, however the Investigation Officer contrary to the statement of the complainant stated in his cross-examination that the case property was handed over to the Muharrir of the police station by him---It was an admitted fact that the prosecution had not produced register No. 19 of malkhana, of Police Station concerned, to prove that the allegedly recovered contraband charas was deposited in the Malkhana on the same day by the complainant---Even complainant had not produced abstract of register No.19 whereupon he got his signature for receiving the case property to substantiate his plea---Under said circumstance it could safely be held that there was no iota of evidence to establish that the alleged recovered contraband was under safe custody---Circumstances established that the prosecution had not been able to prove their case beyond reasonable doubts---Appeal against conviction was allowed, in circumstances.(b)    Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Possession of narcotic substances---Appreciation of evidence---Withholding material witnesses---Effect--Accused were charged for having of possession 3360 grams charas---Record reflected that important witnesses of the prosecution i.e.carrier of the sample of contraband to the Forensic Science Laboratory and Moharrir of the police station were not examined by the prosecution to prove that the case property was in safe custody till its transmission to the Forensic Science Laboratory, hence, nonproduction of the said material witnesses casted serious doubt on the prosecution case---Withholding of such important…