Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Appreciation of evidence---Benefit of doubt---Recovery of 2 kilograms of Charas---Proof---Receiving of sample by Chemical Examiner---Un-explained delay---Accused was convicted by Trial Court and sentenced to eight years' imprisonment for possessing 2 kilograms of Charas---Accused pointed out that there was gap of 28 days between the date of dispatch of property from police station and receipt of same by Chemical Analyzer and there was discrepancy in weight of sample received---Plea raised. by accused was that on such discrepancies conviction was not justified---Validity---Held, there was gap of 28 days in between the date of dispatch of the property from police station and receipt of same by Chemical Analyzer, therefore, prosecution was required to furnish explanation as to where was the property in between that period---Weight of sample was quite different when it was weighed by Chemical Analyzer, therefore, the possibility of tampering with the property during the period when it was dispatched and when it was received by Chemical Analyzer could not be ruled out---Chemical Analyzer's report in such circumstances had lost its importance---Sample received by Chemical Analyzer was riot the same which was sent to him for examination and report---Entire case hinged on the report of Chemical Analyzer but the same had been discarded---Prosecution failed to prove that property allegedly secured from the possession of accused was Charas, thus no case against the accused was proved beyond reasonable doubt---Conviction and sentence awarded to accused by Trial Court was set aside---Appeal was allowed in circumstances. JUDGMENT RAHMAT HUSSAIN JAFFERI, J.---Brief facts giving rise to the present Appeal are that on 13-9-2004 at 7-30 p.m. during Nakabandi. Excise Circle Officer Nazar Muhammad Siyal apprehended the appellant at Shahbaz Colony, Dadu and secured 2 Kg. of chars from his possession. 20 grams of chars were separated as sample and such Mashirnama was prepared. The appellant and the property were brought to the police station where the complainant lodged the F.I.R. The police after usual investigation…

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