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, arguing that the prosecution failed to produce the recovered narcotics before the trial court despite repeated court directions. The High Court found that the case property (252 kg charas and 43.2 kg opium) was never produced for exhibition and cross-examination. The Court also noted apparent tampering in the recovery memo's date, for which the trial court had ordered forensic examination, but the FSL report was never obtained. Holding that these serious procedural lapses deprived the appellant of a fair trial, the High Court set aside the conviction and remanded the case to the trial court for production of the case property, obtaining the FSL report, re-examination of the complainant, recording of a fresh statement under Section 342 Cr.P.C., and a fresh decision on merits. Tagline Failure to produce narcotics before the trial court and unexplained tampering in the recovery memo vitiate a fair trial, warranting remand for fresh proceedings. ORDER; AURANGZEB, J.- Through the instant writ petition filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner has called in question the judgment dated 11.12.2024 passed by the learned Additional District Judge-VII, Abbottabad, whereby the revision petition preferred by respondents No. 1 to 6 against the order dated 15.11.2023 passed by the learned Civil Judge-V, Abbottabad was allowed. In essence, the petitioner/plaintiff instituted a civil suit against the respondents/defendants seeking declaration, perpetual injunction, and possession, the particulars whereof are fully detailed in the headnote of the plaint. Upon issuance of notice, respondents No.1 to 6/defendants entered appearance before the learned trial Court and contested the suit by filing their written statement. During the pendency of the  proceedings,  the  respondents  No.1  to  6/defendants moved an application under Order VII Rule 11 CPC for rejection of the plaint; however, the learned trial Court, after hearing the parties,…