Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(c)

Law: Code of Criminal Procedure, 1898

Section: 161

(a)    Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of narcotic substance---Appreciation of evidence---Entire recovery of narcotic substance doubtful---Prosecution case was that 41-kilograms baked charas was recovered from the secret cavities of the vehicle driven by the appellant---Recovery witness produced parcel No.1, pertained to the sample of narcotics weighing 8200 grams, whereas parcel No.2 pertained to remaining 32800 grams of narcotics---Parcel No.1 pertaining to the sample of narcotics weighing 8200 grams was sent to Federal Narcotics Testing Laboratory, which was chemically tested and analyzed, where in the process of testing 500 grams of charas was consumed and remaining 7700 grams was returned back, but recovery witness while testifying before the Court categorically stated that parcel No. 1 contained 8200 grams of charas and produced the same, which was astonishing, making his statement cloudy, whereof no explanation had been offered by the prosecution---More-so, in the instant case, although separate sample had been drawn, but consolidated sample of 8200 grams were put in parcel No.1 and sent to Federal Narcotics Testing Laboratory, henceforth, in the attending circumstances only one kg charas could be considered to have been recovered from the appellant---Circumstances established that the prosecution had failed to prove the charge against the appellant beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.Ameer Zeb v. The State PLD 2012 SC 380 rel.(b)    Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of narcotic substance---Appreciation of evidence--Secret cavities of the vehicle not established---Prosecution case was that 25kilograms baked charas was recovered from the secret cavities of the vehicle driven by the accused---Recovery witness during cross-examination admitted that there was no access to the cavities from the flooring part of the vehicle--Trial Court during inspection of the vehicle noted and observed that there was a small access, which went toward the engine of the vehicle, however, categorically…