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RECOVERY OF 5180 GRAMS CHARAS ACQUITTAL OF ACCUSED

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RECOVERY OF 5180 GRAMS CHARAS… ACQUITTAL OF ACCUSED

2021YLR 662 Peshawar

Section 9(c) Control of Narcotic Substances Act (XXV of 1997) ====

Possession and trafficking Narcotics–

Appreciation of evidence– Appeal against acquittal–

Prosecution case was that 5200 grams charas in five packets wrapped in newspapers was recovered from the possession of accused, 4/4 grams chars was separated from each packet for chemical analysis while remaining 5180 grams was sealed into separate parcel

Record showed that only four (04) grams of charas was taken from the five (05) packets of charas– Statement of Seizing Officer transpired that the samples were not taken from each slab/rod/cake and piece of recovered substance for chemical analysis.

Said fact created doubts regarding quantity collected from each slab, cake and pieces.

After allegedly recovering the charas from possession of the accused the parcels of the recovered substance were sealed with a monogram reading as WK, which was neither the abbreviation of the name of Seizing Officer/Recovery Officer nor Investigating Officer.

Prosecution witnesses had not been able to advance any explanation whatsoever as to why Recovery Officer had not put his own monogram on the seals of the parcels prepared by him and as to why he had used the monogram of some other officer, whose posting was even not shown at police station at the relevant time

Prosecution had not been able to show that the grounds, on which the Trial Court had based acquittal of the accused, were unreasonable, perverse, unsound or manifestly wrong, calling for interference.

Appeal against acquittal dismissed.

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