Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Qanun-e-Shahadat (10 of 1984), Art.129, illus. (g)- Appreciation of evidence---Principles---Where a best piece of evidence is withheld by a party despite its availability, it is presumed to have some sinister motives behind it---Even otherwise, a presumption under illus.(g) of Art. 129 of the Qanun-e-Shahadat, 1984, can fairly be drawn in the matter, against the said party. (b) Control of Narcotic Substances Act (XXV of 1997)----- ----S. 9(c)--Appreciation of evidence---Prosecution had not examined the private and independent Mashir available in the Court and instead had examined a police witness to prove the allegation against the accused---Said private Mashir was not alleged to have been won over: or hostile to prosecution and had been given up solely on the ground that other Mashir was examined---Prosecution, as such, had some sinister motive in withholding the said best piece of evidence---Furthermore, a presumption under illustration (g) of Art.129 of the Qanun-e-Shahadat, 1984, could be raised that had the private Mashir been examined, he .would not have supported the prosecution case---Chemical Analyser had received the sample of narcotic after more than seven months---Letter under which the sample was sent did not bear the outward number of the police station and the date and the said defects were not explained, which appeared to have been concealed---Investigating Officer did not know as to when the same was sent to Chemical Analyser---Chemical Examiner's report, thus, itself being doubtful, prosecution could not get advantage from the other evidence available on record---Accused was acquitted on benefit of doubt in circumstances. Iltaf Hussain v. State 1996 SCMR 167; Jamil Shah v. The State 1997 SCMR 1494; Sultan Zari v. The State 1986 PCr.LJ 1723 and Muhammad Mushtaq v. The State PLD 2001 SC 107 ref. JUDGMENT RAHMAT HUSSAIN JAFFERI, J.---The present appeal is directed against the judgment dated 17-6-2003 passed by the Special Court, Control of Narcotic Substances, Karachi Division in Special Case No. 112 of 2000 (The State v. Ghous Bux). The learned Judge under the impugned…

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