Law: Control of Narcotic Substances Act, 1997

Section: 9(c), 48, 20, 36

Law: Code of Criminal Procedure, 1898

Section: 173, 342, 382-B

Law: Qanun-e-Shahadat Order, 1984

Section: 102, 129(g), 150 & 151

Law: Punjab Police Rules, 1934

Section: 22.70, 22.46, 22.49(n)

Law: Police Act, 1861

Section: 44

Law: Police Order, 2002

Section: 167

Case Summary The Lahore High Court allowed the criminal appeal and acquitted the appellant, Shameer Khan, convicted under Section 9(c) of the Control of Narcotic Substances Act, 1997, holding that the prosecution failed to establish an unbroken chain of custody of the recovered narcotics. The Court found serious contradictions regarding the safe custody and transmission of the seized charas, particularly due to defective maintenance of Register No. XIX (Malkhana Register) and inconsistencies in the movement of the case property and sample parcels. The Court ruled that these defects rendered the forensic report unreliable, entitling the accused to the benefit of doubt. The Court also issued comprehensive directions to prosecutors and police to ensure strict compliance with custody procedures in future narcotics prosecutions. Tagline Broken chain of custody and defective Register No. XIX entries destroy the prosecution case in narcotics offences, entitling the accused to acquittal. ORDER; MUHAMMAD   TARIQ   NADEEM, J.:-                             Through   this criminal appeal filed under Section 48 of the Control of Narcotic Substances Act, 1997, Shameer Khan (hereinafter referred to as the “appellant”) has called in question the vires of judgment dated 17.07.2023, passed by the court of learned Additional Sessions Judge, Depalpur, District Okara (hereinafter referred to as the “trial court”), in case FIR No.1211 dated 28.11.2022, for an offence under Section 9(1)3(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Hujra Shah Muqeem, whereby he was handed down a guilty verdict in terms of Section 9(1)3(c) of the Control of Narcotic Substances Act, 1997, and sentenced to undergo rigorous imprisonment for eleven years along with fine of Rs.2,00,000/- or in default thereof, to further undergo simple imprisonment for six months, however, benefit provided under section 382-B Cr.P.C. was extended to him. The prosecution story as given in…