This criminal appeal arose from a conviction under the Control of Narcotic Substances Act, 1997, where the appellant was sentenced to 10-1/2 years of rigorous imprisonment following the recovery of a significant cache of cannabis. The primary legal question before the Supreme Court of Pakistan was whether the prosecution had established a secure chain of custody regarding the transmission of the seized contraband to the Chemical Examiner. Upon reviewing the record, the Court observed that the prosecution witness responsible for the transmission failed to provide testimony confirming the delivery of the entire cache to the examiner's office. The Court held that in the absence of evidence proving safe transmission, the narcotic character of the recovered substance could not be legally established. Consequently, the appellant could not be held culpable for possession without resorting to conjecture. The Court allowed the appeal, set aside the High Court's judgment, and acquitted the appellant, emphasizing that the integrity of the chain of custody is essential for a conviction in narcotics cases.
QAZI MUHAMMAD AMIN AHMED, J.---The appellant was surprised with a considerable cache of cannabis by a contingent of Khanpur Mahar Ghotki police on 27.3.2017; a Special Judge (CNA ) Ghotki vide judgment dated 20.10.2017 returned him a guilty verdict; convicted under section 9(c) of the Control of Narcotic Substances Act, 1997, he was sentenced to 10-1/2 years rigorous imprisonment with a direct ion to pay fine in the sum of Rs.50,000/- or to undergo simple imprisonment for a period of 8 months in lieu thereof, pre-trial period inclusive, upheld by a learned Division Bench of the High Court of Sindh vide impugned judgment dated 11.9.2018, assailed by the convict through a jail petition.
2. Heard. Record perused.
3. Significant quantity of contraband notwithstanding, nonetheless, we have noticed prosecution's failure to establish safe transmission to the office of Chemical Examiner; the failure has its consequences inasmuch as narcotic character of the contraband, recovery whereof is denied by the appellant throughout, was not established as Rahib Din (PW-2), examined under Public Prosecutor's shadow , did not utter a single word to prove transmission of the entire cache, purportedly transmitted by him to the office of, Chemical Examiner , in absence whereof, the appellant cannot be saddled with the culpability of possession without being conjectural, an option hardly available under the law. Criminal Appeal No.630 of 2019 is allowed; impugned judgment is set aside; the appellant is acquitted of the charge; he has already been ordered to be released, unless otherwise required to be detained, vide short order of even date.