Law: Control of Narcotic Substances Act, 1997

Section: 9(1)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(1) as amended by Control of Narcotic Substances (Amendment) Act, 2022--Conviction and sentence--Challenge to--Recovery of “charas”--The prosecution witnesses ASI (PW-1) and PW-6 establish fact that prosecution failed to prove safe deposit of remaining quantity of recovered “Charas” weighing 7600 grams in Saddar Malkhana and therefore safe custody of remaining quantity of recovered “Charas” weighing 7600 grams could not be proved--The prosecution has only proved safe custody and due transmission of sealed parcels said to contain samples drawn and separated from recovered “Charas” to office of Punjab Forensic Science Agency-- Prosecution has only been able to prove What 400 grams of “Charas” was recovered from possession of appellants, this being weight of “Charas” which was transmitted to Punjab Forensic Science Agency--With regard to recovered 400 grams of “Charas”, prosecution has successfully proved its case to extent of that recovery--For safe administration of justice, it may be concluded that appellants were liable to be held responsible for having 400 grams of “Charas” in their possession, which weight of recovered “Charas” attracts provisions of Section 9(1), Entry No, 3 of Column No. (1), entry (a) of Column No. (2) read with Column No. (3) of TABLE given under Section 9(1) of Control of Narcotic Substances Act, 1997 as amended by Control of Narcotic Substances (Amendment) Act 2022--Appeals partly allowed.                                                                                 [Para 10] A, B & C 2019 SCMR 1649. Mr. Ghulam Shabbir Dhakku, Advocate for Appellant. Mr. Riaz Ahmad Saghla,…