Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--------S. 9(c)---Appreciation of evidence--Recovery of 1400 grams of Heroin powder---Benefit of doubt---Delayed sending of samples for chemical examination---Case property, examination of---Jurisdiction of appellate Court---Accused was convicted under S.9(c) of Control of Narcotic Substances Act, 1997, by Trial Court for recovery of 1400 grams of heroin powder from congealed covers and holes in his bag--�Accused denied any concealed covers in his bag and also raised the plea that the samples were sent to Chemical Analyzer 10 months after its alleged recovery---Validity---High Court after examination of the bag neither found concealed covers nor hole in it at any place---Story of prosecution that the bag had concealed covers or compartment made a hole in it was not supported from the circumstantial evidence---Conflict between oral and circumstantial evidence was found---Chemical Analyzer's report showed that there was delay of ten months in sending the samples to Chemical Analyzer for examination and report--Such delay was inordinate delay which the prosecution was required to explain but the same, had not been done by the prosecution---Unexplained and inordinate delay had materially affected the Chemical Analyzer's report---Case of the prosecution being doubtful, accused was entitled to benefit of doubt---Conviction and sentence passed by the Trial Court was set aside and the accused was acquitted of the charge---Appeal was allowed in circumstances.Muhammad Achar Machi v. The State 2001 PCr.LJ 1762; Tariq Pervez v. State 1995 SCMR 1345; Jamal Shah v. State 1997 SCMR 1494 and Jahangir v. Nazar Farid 2002 SCMR 1986 ref.JUDGMENT RAHMAT HUSSAIN JAFFERI J.---The present Appeal is directed against the judgment dated 18-4-2003, passed by the Special Court (Control of Narcotic Substances). Karachi Division, in Special Case No.46 of 2000 (State v. Ansar-ur-Islam), under section 9(c) of the Control of Narcotic Substances Act, 1997, (hereinafter referred to as the "Act of 1997") under the impugned Judgment the learned Judge convicted the appellant under S.9(c) of Act, 1997 and sentenced him to imprisonment for four…