Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)---   -----S. 9(c)---Appreciation of evidence---Chemical Examiner had refused to give his report on the first sample of the recovered opium and required a fresh parcel to be sent to him---No evidence was available on record to show as to who had prepared the second parcel on the basis of which a positive report had been secured from the Chemical Examiner---No conviction, therefore, could be based on the said report---No other evidence was available on record to connect the accused with the commission of the offence---Prosecution, in circumstances, had failed to bring home guilt to the accused beyond reasonable doubt and she was acquitted accordingly.   G.N. Gobar for Appellant.   Atta Muhammad Khan Baluch, Special Prosecutor for A.N.F.   Date of hearing: 27th March, 2001. JUDGMENT SHAIKH ABDUR RAZZAQ, J.--Briefly stated the facts are that on 20-8-1999, Nasrullah, Inspector/S.H.O. alongwith other police officials under the supervision of Nazir Ahmad Khan, Magistrate 1st Class, Khanpur, raided the house of Muhammad Ajmal, husband of present appellant and found the appellant to be present in the upper storey of her house. As a result of said raid, she led to the recovery of one kilogram of opium, out of which 10 grains was separated for sending to the Chemical Examiner and the remaining was made into sealed parcel. Accordingly complaint Exh.P.E. was lodged and sent to the police station for formal registration of F.I.R. After investigation the case was sent up for trial. 2. The charge under section 9 of the Control of Narcotic Substances Act, 1997, was framed against the appellant, to which, she pleaded not guilty and claimed trial. 3. To bring home the guilt of the accused-appellant the prosecution examined Subah Sadiq, Head Constable P. W.1, Muhammad Tufail P.W.2, Nazir Ahmad E.A.C./M.I.C. Khanpur P.W.3, Nazar Hussain, A.S.-I. P.W.4 and Muhammad Ilyas Constable P.W.5. Thereafter, the D.D.A. produced reports of Chemical Examiner Exhs. P.H., P.J. and P.K. and then closed the prosecution evidence. 4. When examined under section 342, Cr.P.C. the accused-¬appellant denied the prosecution version and…

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