Law: Control of Narcotic Substances Act (XXV of 1997)

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

 (a) Control of Narcotic Substances Act (XXV of 1997) S.9(1), Sr.Nos.(3)(c) & (e)---Possession of narcotic substances---Appreciation of evidence---Benefit of doubt---Safe custody and safe transmission of the recovered substance to the laboratory not proved---Chain of custody of contraband doubtful---Prosecution case was that 2824-grams chars in three packets and 6154-grams opium in seven packets were recovered from the possession of accused-appellant---In the instant case, the Investigating Officer did not mention anywhere in his statement that when he handed over the case property to Moharrer of the police station for safe custody, any entry was made in Register No.XIX or not---Similarly, the Moharrer of the police station did not utter a single word that any entry was made regarding keeping of the case property i.e. 20 sealed parcels i.e. 14 of opium and six of the charas along with black coloured purse, travelling bag of black colour, two towels as well as one lady's suit of green colour and a mobile phone in Register No.XIX prior to keeping the same in Malkhana---Neither the Investigating Officer nor the Moharrer of the police station produced theattested copy of Register No.XIX or attested copy of any road certificate before the Court---Similarly neither the Moharrer nor the Investigating Officer uttered a single word that any such entry was made in Register No.XIX or in any Roznamcha about handing and taking over of the case property on 12.04.2023 for its transmission to Saddar Malkhana intact---Similarly, neither the Moharrer nor the Investigating Officer uttered any word about handing over of the sample parcels i.e. seven sealed parcels said to contain opium and three sealed parcels said to contain charas to Investigating Officer for their transmission to Forensic Science Agency intact---Such non-mentioning of handing and taking over of the case property as well as sample parcels in relevant Register had made the whole prosecution case doubtful---Appeal against conviction was allowed, in circumstances.        Jeehand v. The State through Prosecutor General Baluchistan 2025 SCMR 923 rel. (b) Control of Narcotic…