Law: Control of Narcotic Substances Act, 1997

Section: 48, 9(1)3(c), 20, 167, 342, 340(2), 173

Law: Qanun-e-Shahadat Order, 1984

Section:

Law: Police Order, 2002

Section:

Law: Punjab Police Rules, 1934

Section:

Law: Code of Criminal Procedure, 1898

Section:

Summary:
In Criminal Appeal under Section 48 of the Control of Narcotic Substances Act, 1997, the appellant, Shameer Khan, challenged his conviction for possession of charas. The Court scrutinized the prosecution’s evidence, particularly the chain of custody of seized narcotics and sample parcels. Significant discrepancies were found in the testimony of police witnesses regarding the safe custody and transmission of the case property to the Punjab Forensic Science Agency. Deficiencies in Register No.XIX and contradictions in witness statements raised serious doubts about the reliability of evidence. The prosecution also failed to declare hostile witnesses or challenge concessions under Articles 150 and 151 of the Qanun-e-Shahadat Order, 1984. Given these lapses, the Court held the prosecution’s case to be unreliable and acquitted the appellant. The judgment also emphasizes strict adherence to procedural duties by Law Officers and police officials in narcotics trials to ensure justice and prevent acquittals on technical grounds.

Tagline:
“Broken chain of custody and procedural lapses in narcotics trials warrant acquittal; prosecution must ensure diligence and integrity in evidence handling.”

ORDER;