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Criminal Procedure Code, 1898 (V of 1898)-- ----S. 361--Proceedings of Court in a language understandable by accused--Mandatory provision--S. 361 Cr.P.C says that whenever any evidence is given in a language not understood by accused, and he is present in person, itshall be interpreted to him in open Court in a language understood by him--S. 361 Cr.P.C is mandatory provision, object of which is that accused should be in a position to know personally allegation and in criminating circumstances appearing against him so that he may defend himself effectively. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Recovery of opium--Allegation of--Conviction and sentence--Challenge to--Appeal against--Admittedly appellant was unable to understand Urdu, Punjabi or English--There was no direct or circumstantial evidence to connect him with commission of offence--There were material contradictions in statements of P.Ws which were not worth relying upon--Trial Court did not observe mandatory provisions of S. 361 Cr.P.C. by not interpreted to accused in open Court in a language understood by him--Therefore, entire trial against appellant is void ab-initio--Prosecution case was full of doubts, benefit whereof entitles convict/appellant to be acquitted--Impugned conviction and sentence was set aside and appellant was acquitted of charge--Appeal accepted. THIS JUDGMENT DELIVERED BY: CH. MAHMOOD AKHTAR KHAN, JUSITCE:---.- ---- We intend to decide Criminal Appeals Nos.328 of 2007 and 377 of 2006, one filed through Superintendent Central Jail Rawalpindi and one through the appellant's Counsel. 2. Necessary facts out of which the aforesaid appeals arise are that F.I.R. No. 114 dated 22.6.2005 under Section 9-C Control of Narcotic Substances Act, 1997 at Police Station Attock Khurd on the statement of Syed MushtaqHussain Excise Inspector against Khudai Gul appellant on the allegation of having recovered 25 Kilograms opium from his possession at Multan Mansoor Check Post. After due investigation, the accused was challenged to Court. 3. Learned trial Court framed the charge against the accused to which he pleaded not guilty and claimed trial. 4. In order to prove…

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