Prosecutions under the Control of Narcotic Substances Act often look simple on paper: a patrol, a tip-off, an arrest and a recovery. But the case still has to be proved by an unbroken and admissible record. In a judgment of 12 November 2021, the Additional District & Sessions Judge-I, Karachi East (Model Criminal Trial Court), Mr. Haleem Ahmed, acquitted in Session Case No. 3235 of 2020 an accused because that record had gaps. Mr. Amjad Ali appeared for the accused.
The case
According to the FIR, a police patrol from PS Jamshed Quarter received spy information on 22.02.2020 about a person selling charas near Lasbela Chowk, Nishtar Road, Karachi, and arrested the accused there with 1100 grams of charas in a plastic shopper. He was charged under Section 6/9(c) of the CNS Act and pleaded not guilty. The prosecution examined the complainant, the investigating officer and a police mashir.
Where the prosecution record fell short
- Roznamcha. The departure entry was neither original nor signed, nor a certified true copy, so the patrol at the relevant time was not proved (2002 P.Cr.L.J. 51).
- Mashir’s signatures. His signature on the evidence sheet did not match the one on the memo of arrest and recovery, making his presence at the scene doubtful.
- Malkhana. No entry was made in Register No. 19 and the Malkhana in-charge was not examined, so safe custody and transmission were not established (2012 SCMR 577).
- Delay. The property reached the chemical examiner after an unexplained three-day delay.
- Sample numbers. The chemical report and the forwarding letter carried different sample numbers, so it was doubtful that the sample tested was the one recovered.
The outcome
Observing that police evidence must be minutely examined and that a single reasonable doubt is enough (1995 SCMR 1345), the Court answered the recovery point as doubtful and acquitted the accused on benefit of doubt. His bail bond was cancelled and surety discharged. Read the summary: The State v. Accused (CNS Act), Session Case No. 3235 of 2020, Karachi East, 2021.
What this shows about narcotics trials
These are general observations from this judgment, not a guarantee of any result.
- Documents matter as much as testimony. Departure entries, recovery memos and registers were all tested.
- Chain of custody is examined step by step. From recovery to the police station, the Malkhana and the chemical examiner.
- Small inconsistencies can be significant. A mismatched sample number or signature was material here.
If you or a family member is facing a narcotics case, early review of the police record can matter.
Related judgment
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Frequently asked questions
Why does the roznamcha entry matter in a narcotics case?
In this judgment the departure entry produced was neither original nor signed nor a certified copy, so the Court held the complainant had not proved the police party was on patrol at the time, relying on 2002 P.Cr.L.J. 51.
What is meant by safe custody of case property?
The Court expected an entry in Register No. 19 at the Malkhana and evidence from the Malkhana in-charge. Neither was produced here, so the chemical report lost its sanctity (2012 SCMR 577).
Is a delay in sending the sample to the chemical examiner important?
Here the Court treated an unexplained three-day delay as fatal to the prosecution case, relying on a reported Sindh judgment of 2012.
Does one doubt really lead to acquittal?
The Court noted that a single circumstance creating reasonable doubt entitles the accused to its benefit as of right, not as a matter of grace (1995 SCMR 1345). Every case depends on its own evidence.
Disclaimer: General information only, not legal advice. This article summarises a Sessions Court judgment as at the date shown; the accused’s name has been withheld. It does not create a lawyer-client relationship. Every criminal case depends on its own evidence; please take advice before acting.