Citation Name: 2024 YLR 2297 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Abdul Jabbar vs State Ss

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Citation Name: 2024 YLR 2297 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Abdul Jabbar VS State Ss. 9(b) & 9(c)---Possession of narcotic substance---Appreciation of evidence---Safe custody and transmission of the narcotic substance proved---Conviction altered from S. 9(c) to S. 9(b) of Control of Narcotic Substances Act, 1997---Prosecution case was that 40-kilogram charas was recovered from the vehicle of the accused persons---To substantiate the safe custody and transmission of the narcotic substance, the prosecution produced Head Constable, who was in-charge malkhana---Said witness testified that on 11.01.2022 Investigating Officer handed over to him two parcels containing recovered charas and articles, which he deposited in the malkhana and made entry in Register No. 19---Said witness further testified that on 13.01.2022, he handed over parcel No.1 to Head Constable for onward transmission to the Narcotics Testing Laboratory for chemical analysis---Furthermore, Investigating Officer also corroborated the testimony of all the said prosecution witnesses---Investigating Officer produced the Narcotics Testing Laboratory Report, which affirmed the material to be Hashish Pukhta---Said witnesses 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 narcotic substances, but such attempt remained unsuccessful---Circumstances established that the prosecution had successfully proved the recovery of the narcotics from accused "AJ", including its safe custody and transmission from the place of recovery to the malkhana and then to the office of Narcotics Testing Laboratory---However, the prosecution had failed to substantiate that the entire suspected 40-kgs material was charas---Prosecution claimed that 40-packets of charas, each containing one packet were recovered from a CNG cylinder lying in the boot of a car, meaning thereby that each packet of the suspected material weighed one kg, which were examined by the Narcotics Testing Laboratory, which observed in its report that during examination 500 grams of suspected material was consumed in the process of testing out 40-kgs of charas---However, the Narcotics Testing Laboratory Report did not show as to whether from each packet samples were drawn and examined or one packet weighing one kg was consumed during the chemical analysis, making the report ambiguous, which at best could be believed only to the extent of 1-kg of charas---In such circumstances, the prosecution had substantiated the indictment against the accused "AJ" only to the extent of 1-kg of charas without any glimpse of doubt, thus he deserved to be convicted and sentenced to such extent only---Corollary, appeal was partly allowed and keeping in view the peculiar circumstances of the case, the conviction and sentence awarded to the accused "AJ" under S.9 (c) of the Act of 1997 was altered and converted into S.9 (b) of the Act of 1997 and consequent thereto he was convicted and sentenced to suffer two (2) years RI.

Citation Name: 2024 YLR 2297 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Abdul Jabbar vs State Ss — 2024 YLR 2297 QUETTA-HIGH-COURT-BALOCHISTAN

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