Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)----- ----S. 9(b)---Appreciation of evidence---Principles---Any piece of evidence deposed in examination-In-chief, if not denied in cross-examination, to be presumed to have been accepted as true by the other side. (b) Control of Narcotic Substances Act (XXV of 1997)----- ----S. 9(b)---Appreciation of evidence---Defence taken by accused was proved on record---Recovery witnesses were, police officials having enmity with the accused and they had motive to implicate him falsely in the case and their deposition was not supported by any strong and independent corroboration---Such evidence could not be safely relied upon---Possibility of false implication of accused in the case, therefore, could not be ruled out---Benefit of doubt was extended to accused in circumstances and he was acquitted accordingly. (c) Control of Narcotic Substances Act (XXV of 1997)---- ----S. 9(b)---Appreciation of evidence--Police witnesses---Police officials are as good witnesses as any other citizen and unless any mala fides is established against them, their deposition cannot be brushed aside simply- on the bald allegation that they belong to Police Department. Jamal Shah v. State 1997 SCMR 1494 and Muhammad Naeem v. State 1992 SCMR 1617 ref. Jamal Shah v. State 1997 SCMR 1494 and Muhammad Naeem v. State 1992 SCMR 1617 ref. JUDGMENT RAHMAT HUSSAIN JAFFERI, J.--------The present Appeal is directed against the judgment dated 15-4-1999 passed by the Special Judge (Control of Narcotic Substances) Thatta, in Special Case No.388 of 1997 (State v. Haji and others), arising out of FIR No.103/1997 of Police Station Thatta. Under the impugned judgment the learned Judge convicted .the appellant under section 9(b) of Control of Narcotic Substances Act, 1997 (hereinafter referred to as the Act, 1997), and sentenced him to suffer RI for three years and fine of Rs.5,000 or in default thereof to suffer RI for two months more, with benefit of section 382-B, Cr.P.C. 2. The facts giving rise to the present Appeal are that on 28-11-1997 at about 11.30 a.m. the complainant Inspector Abdul Latif of C.I.A. Police alongwith his subordinate staff including P.W.…

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