Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

Law: Code of Criminal Procedure, 1898

Section: 161,173

Summary The Supreme Court acquitted petitioner Sardar Muhammad, convicted of possessing 15 kg of charas under section 9(c) of the Control of Narcotic Substances Act, 1997, after trial and high courts upheld life imprisonment. Key flaws included contradictions in prosecution witnesses' testimonies on timelines and events, absence of site plan and roznamcha entries, and a break in the chain of custody of the narcotics from recovery on 19.02.2021 to lab receipt on 22.02.2021. Citing precedents on strict proof requirements for narcotics cases, the court converted the petition to an appeal, set aside the conviction, and ordered release. Core Points Police intercepted petitioner on motorcycle at Chapli near Khalizai Nika graveyard, Loralai, recovering 15 kg charas from a sack; FIR No.28/2021 registered under section 9(c) CNS Act, 1997. Material contradictions between PW-1 (seizing officer) and PW-2 (marginal witness): differing patrol locations (bypass vs. Kabari Bazaar), intel receipt times (8:45 a.m. vs. unspecified), arrival at spot, sealing/memo timelines, and ignorance of another same-day case. No site plan or roznamcha/daily diary produced to corroborate events. Chain of custody broken: Parcel handed to PW-2 on 19.02.2021, deposited with PW-3 (moharrir) until 19/20.02.2021, then to IO (PW-4) for FNTL delivery on 22.02.2021; unexplained gap fatal to case. Prosecution failed to prove case beyond reasonable doubt; benefit of doubt extended due to cumulative infirmities, emphasizing strict proof standards in severe punishment narcotics offenses. Laws and Sections Law/Act Section Description/Context Control of Narcotic Substances Act, 1997 9(c) Possession/trafficking of 15 kg charas; basis for FIR, conviction, and sentence of life imprisonment with fine. Code of Criminal Procedure, 1898 (Cr.P.C.) 161 IO recorded witness statements under this section during investigation. Code of Criminal Procedure, 1898 (Cr.P.C.) 173 Challan/report submitted to Special Judge upon investigation completion. Precedents (Supreme Court cases) N/A Qaiser Khan (2021 SCMR 363), Mst. Razia Sultana (2019 SCMR 1300), State v. Imam Bakhsh (2018 SCMR 2039), Ikram Ullah (2015 SCMR 1002),…