Law: Control of Narcotic Substances Act, 1997

Section: 9(1)3(c),9(1)5(c)

Law: Police Rules, 1934

Section: 22.48,22.49

Law: Criminal Procedure Code, 1898

Section: 382-B

Summary The Supreme Court examined the prosecution's narcotics case against Mst. Wajahat Bibi and found material contradictions in eyewitness testimony, non-production of the police daily diary documenting departure for the raid, and serious gaps in the chain of custody for representative drug samples sent to the laboratory. These defects—contradictory witness accounts, failure to follow mandatory police record-keeping rules, and missing or unsigned transmission documents—fatally undermined the prosecution’s case. The court converted the petition into an appeal, allowed it, set aside the convictions and sentences, and ordered the appellant’s immediate release if not held elsewhere. Core points Eyewitness contradictions: Seizing officer (PW-4), Constable Imran (PW-1), and Lady Constable Mumtaz (PW-5) gave materially inconsistent accounts about how and where recovery proceedings occurred, opening of packets, use of weighing scale, and presence of private persons. Missing Roznamcha entry: The Seizing Officer admitted to recording departure in the station roznamcha but failed to produce the diary; Rules 22.48–22.49 Police Rules, 1934 require departure and purpose to be recorded. Chain of custody lapses: Road certificate and transmission paperwork lacked signatures; Register No.19 and diary extracts were not attached to the case file, leaving an unproved, unsafe transmission of samples to the laboratory. Material omissions: Seizing Officer did not include required register entries and documentary proof showing sample handling, creating reasonable doubt about authenticity and tamper-free custody. Legal consequence: Given these material contradictions and procedural defaults, the court held the prosecution failed to prove guilt beyond reasonable doubt and acquitted the petitioner. Disposition: Petition converted into appeal, conviction and sentences set aside, appellant released if not detained in other cases. Law and sections Law / Authority Section / Rule What it requires or provides Control of Narcotic Substances Act, 1997 Sections 9(1)3(c) and 9(1)5(c) Offences charged in the FIR (trafficking/possession-related narcotics offences)…