Citation Name: 2024 PCrLJ 1732 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Zareef Ahmed vs State Ss

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Citation Name: 2024 PCrLJ 1732 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Zareef Ahmed VS State Ss. 9(b) & 9(c)---Possession of narcotic substance---Appreciation of evidence---Safe custody of recovered substance and its transmission to laboratory proved---Conviction altered from S.9(c) to S.9(b) of Control of Narcotic Substances Act, 1997---Prosecution case was that 14,900 grams Charas was recovered from the possession of the accused---To prove the safe custody and transmission of the narcotic substance, the prosecution produced Head Constable, who was incharge malkhana---Said witness testified that on the fateful day Investigating Officer handed over to him parcel No.1 containing 14,900 grams of Charas and parcel No.2 having other recovered articles, which he deposited in the malkhana and made entry in Register No.19---On 29.11.2021 he handed back parcel No.1 to Constable for onward transmission to the Forensic Narcotic Testing Laboratory for chemical analysis---According to said witness, after chemical analysis he once again received parcel No.1 from Constable, which he kept in the malkhana---Furthermore, Investigating Officer also corroborated the testimony of all the said prosecution witnesses---Complainant, recovery witness and malkhana incharge were cross-examined on various aspects in order to discredit them as well as to put dent pertaining to the recovery and safe custody and transmission of the narcotics, but such attempt remained unsuccessful---After a critical analysis of the evidence available on record, Court had reached the conclusion that the prosecution had successfully proved the recovery of the narcotics from the accused, including its safe custody and transmission from the place of recovery to the malkhana and then to the office of Forensic Narcotic Testing Laboratory---However, record showed that sample was drawn from one packet, therefore the prosecution had only been able to successfully substantiate the indictment against the accused to the extent of one kilogram of Charas, sthus accused deserved to be convicted and sentenced to such extent only---Appeal was partly allowed and keeping in view the peculiar circumstances of the present case, the conviction and sentence awarded to the accused under S.9(c) of the Act of 1997 was altered and converted into S.9(b) of the Act of 1997---Accused was convicted and sentenced to suffer two (2) years RI, in circumstances---Appeal was dismissed with said modification in sentence.

Citation Name: 2024 PCrLJ 1732 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Zareef Ahmed vs State Ss — 2024 PCrLJ 1732 QUETTA-HIGH-COURT-BALOCHISTAN

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