Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

PLJ 2026 Cr.C. (Note) 20 [Peshawar High Court, Peshawar] Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Recovery of charas--The prosecution has failed to prove custody of contrabands chars and its transmission to FSL--The question of delay in sending narcotics to FSL linked with issue of safe custody has also been considered by hon’ble Supreme Court in many judgments--In a 2018 case, hon’ble Court ruled that chain of custody of narcotic substance shall be ensured as it plays pivotal role--The FSL report shows that Control of Narcotic Substances (Government Analysis) Rules, 2001, were not followed meaningfully--The Test Report that contains fulfillment of several protocols for chemical test--Except for one protocol called Duquenois Test, which was marked as “+ive”, rest were just scored off--Similarly, details about instrumental analysis shows that just one protocol called Thinlayer Chromatography (TLC), which was marked as +ive, remaining were left blank--On physical examination, narcotic substance was observed as brown solid--In a 2015 case that was approvingly followed in above cited case of 2018, hon’ble Court made detailed observations on 2001 Rules referred to above.        [Para17 & 18] A & B 2018 SCMR 2039. Judgment Dr. Khurshid Iqbal, J.--This appeal is directed against the Judgment, dated, 01.10.2020 passed by the learned Additional Sessions Judge-III/ Model Criminal Court Nowshera, by which he acquitted the respondent/ accused Muhammad Shafiq in case FIR No. 800, registered on 30.12.2017, under Section 9-C, of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 1997, at Police Station Akora Khattak. 2.       Facts germane to the instant appeal shortly are that on 30.12.2017, while a police party led by one Khan Zeb, ASI, was at patrolling duty in the locality, it got spy information that a man was standing across the G.T Road near Mian Abad Pattak Akora Khattak. The spy information was that the man was in possession of chars. Considering the information as genuine, the…