Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(1),6(c),25

Law: Criminal Procedure Code (V of 1898)

Section: 342,103

(a) Control of Narcotic Substances Act (XXV of 1997)-------S. 9(1), Sr. No. (6)(c)---Possession of narcotic substances---Appreciation of evidence---Safe custody of samples and its safe transmission to the laboratory proved---Prosecution case was that 1025 grams heroin powder was recovered from the possession of accused-appellant---Prosecution witnesses testified that on the fateful day, appellant was apprehended and 1025 grams heroin was recovered from a blue coloured shopper bag held by the appellant in his left hand---Complainant, Moharrar Malkhana and Investigating Officer also testified regarding safe custody and safe transmission of the recovered narcotic and sample to the Malkhana and of the sample parcel from the Malkhana to the Forensic Science Agency---Prosecution witnesses fully corroborated each other--No material discrepancy between the evidence of the complainant, MoharrarMalkhana and Investigating Officer was found as alleged by the appellant--Moharrar Malkhana stated in his cross-examination that he handed over the sample parcel to complainant for onward transmission to Forensic Science Agency on the direction of Investigating Officer---Similarly, complainant also stated that the Moharrar Malkhana handed over the sample parcel to him for onward transmission to Forensic Science Agency on the direction of Investigating Officer---Investigating Officer stated that he collected the sample parcel from the Moharrar Malkhana and handed it over to complainant---Minor variation in witness testimony, which was natural, did not make recovery doubtful or vitiate the trial---All the witnesses were subjected to cross-examination but they remained consistent in all material aspects like date, time, place, manner and quantity of recovery of narcotic from the appellant and nothing came to light to suggest that the appellant was falsely implicated in the case---Recovered substance was produced and the forensic report confirmed that the substance was indeed heroin powder--Appeal against conviction was dismissed, in circumstances.Ahmed Ali and another v. The State 2023 SCMR 781 and Asif Ali and another v.The State through Prosecutor General Punjab 2024 SCMR 1408…