Citation name: 2026 SCP 135 – Acquittal U/S 9(1)3(c) and 9(1)5(c) Control of Narcotics Substance Act – Insufficient evidence
The petitioner challenged the judgment of the Lahore High Court, which had maintained her conviction under Sections 9(1)3(c) and 9(1)5(c) of the Control of Narcotic Substances Act, 1997. The prosecution alleged that ANF officials recovered two kilograms of charas and one kilogram of opium from her possession near Cheema Hospital, Wazirabad, leading to her conviction and sentence by the Special Court CNS, Sialkot. The Supreme Court found material contradictions in the testimonies of prosecution witnesses regarding the recovery proceedings and noted that the prosecution failed to produce the relevant Roznamcha entry despite claiming prior information about the accused. The Court further held that the prosecution had failed to establish an unbroken chain of custody of the narcotics samples due to missing and defective documentary evidence. As these deficiencies created reasonable doubt, the Court set aside the conviction and sentence and acquitted the petitioner of the charges.
