Law: Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019)-

Section: 9(d)

Law: Code of Criminal Procedure, 1898

Section: 342, 382-B, 423(d)

 Summary The appellant challenged his conviction under Section 9(d) of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, whereby he had been sentenced to life imprisonment with a fine of Rs.1 million for possession of 252 kg of charas and 43.2 kg of opium. The High Court found that the prosecution failed to produce the recovered narcotics (case property) before the trial court despite repeated judicial directions. The trial court had also noticed apparent tampering in the recovery memo and ordered forensic examination by the FSL, but that direction was never complied with. Holding that these lapses deprived the appellant of a fair trial, the High Court set aside the conviction and remanded the case to the trial court with directions to obtain the FSL report regarding the alleged tampering, produce the case property for fresh examination of the complainant, record the accused's statement under Section 342 Cr.P.C. regarding the post-remand evidence, and decide the case afresh within three months. Tagline Failure to produce seized narcotics and non-compliance with forensic directions regarding tampered recovery documents violate the accused's right to a fair trial, warranting remand for fresh proceedings. ORDER; MUHAMMAD IJAZ KHAN, J.- Appellant namely Abid Ullah has called in question the order/ judgment of his conviction dated 30.09.2025 passed by the learned Presiding Officer, Special Court CNS-1, Peshawar rendered in case FIR No. 40/2022 dated 01.02.2022 under Section 9-D of The Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 registered at Police Station ANF, Peshawar, vide which the appellant was convicted and sentenced as follows:- “The accused Abid Ullah s/o Muhammad Javed aged 32 years (at the time of framing of charge) guilty of the offence u/s 9 (d) KP CNSA 2019 and while convicting him there under I sentence him to life imprisonment with fine of Rs One million or in default of payment further 06 months. These sentences in case of default of payment shall run concurrently to the main sentence. Benefit of section 382-b Cr PC is extended to accused. Prima facie case exist against the co-accused…