Law: Control of Narcotics Substances Act, 1997

Section: 29,9

(a) Control of Narcotic Substances Act (XXV of 1997)     S. 29 Presumption arising from possession of illicit articles ¬Section 29 of the Control of Narcotic Substances Act, 1997, does not absolve the prosecution of its primary duty to prove its case beyond doubt Burden shifts to the accused only after the prosecution has established the recovery beyond doubt.    (b) Control of Narcotic Substances Act (XXV of 1997)     S. 9 Appreciation of evidence Evidence of recovery of the narcotics from the accused was contradictory and the prosecution had failed to prove the recovery Specimen parcels had been sent to the Chemical Laboratory after a considerable delay and record did not disclose the person in whose custody the said parcels remained during such period No implicit reliance, thus, could be placed on the Chemical Examiners Report Accused were acquitted in circumstances.    Mst. Iqbal Bibi v. The State 2000 PCr.LJ 1812; Mushtaq v. The State 2002 PCr.LJ 1312 and Munawar Hussain and others v. The State 1993 SCMR 789 ref.   Sohail Akhtar for Appellants.   Abdur Rauf Gandapur for the State.   Date of hearing: 10th December, 2002. JUDGMENT IJAZ UL HASSAN, J.Appellants Johar Ali son of Sarwar resident of village Sheikh Ismail, Mohmand Agency and Mst. Yasmeen wife of Aslam, resident of Rajugand Kalan, District Sialkot, were tried jointly by Mr. Muhammad Ibrahim Khan, Sessions Judge/Judge Special Court, Nowshera, on the charge of having been found in possession of Charas and opium, weighing 2 kilograms and 3 kilograms respectively. At the conclusion of trial, vide judgment, dated 21 5 2002, the appellants found guilty were convicted under section 9 of the Control of Narcotic Substances Act, 1997 and sentenced to suffer five years rigorous imprisonment (each) in addition to fine of Rs.20,000 (each) or in default thereof to undergo an additional imprisonment of one year (each). Benefit of section 382 B, Cr.P.C, was also extended to them. 2. Being aggrieved by the conviction and sentence, both the appellants have filed instant Criminal Appeal No. 197 of 2002 which is before us for consideration. 3. Shortly…

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