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 narcotic substances---Appreciation of evidence--Recovery of narcotic substance from exclusive possession of accused not proved---Prosecution case was that 25-kilograms charas was recovered from the possession of the accused---Complainant reiterated what he had mentioned in his murasila---Recovery witness deposed in similar lines as deposed by complainant---Said witness produced recovery memo. of parcels Nos. 1 to 20 and charas and a brown bag---Story of the prosecution was highly improbable, which did not appeal to a prudent mind---Question was as to why the appellant waited for the police to come and arrest him with the narcotic, when he had enough time to push away the narcotic towards the front seat or at the back to save himself, rather than being caught red-handed---As the packets of charas were not recovered from his physical possession, the prosecution had failed to prove the exclusive possession of the narcotic from the appellant---Appeal against conviction was allowed, in circumstances.Fayyaz v. The State 2022 MLD 1452 and Rehmatullah v. The State 2011 YLR 2477 rel.(b)    Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of narcotic substances---Appreciation of evidence---Safe custody of recovered narcotic substance and its transmission to laboratory for analysis not established---Prosecution case was that 25-kilograms charas was recovered from the possession of the accused---Record reflected that allegedly the recovery was made on 04.02.2022, but the samples of the contraband were received in the office of Forensic Science Laboratory on 07.02.2022---Prosecution failed to offer any explanation, making the recovery and Forensic Science Laboratory Reports cloudy---Appeal against conviction was allowed, in circumstances.State v. Imam Bakhs 2018 SCMR 2039 and Khairul Bashar v. State 2019 SCMR 930 rel.Date of hearing: 15th June, 2023.JUDGMENTSHAUKAT ALI RAKHSHANI, J.---Appellant Jaffar Mehmood has assailed the judgment dated 28th September, 2022 ("impugned judgment") authored by learned Additional Sessions…