Law: Control of Narcotics Substances Act, 1997

Section: 9(c),48

Law: Criminal Procedure Code (V of 1898)

Section: 417

Control of Narcotic Substances Act (XXV of 1997)--- ---Ss. 9(c) & 48--Criminal Procedure Code (V of 1898), S.417---Appeal against acquittal---Record had shown that Trial Court had acquitted respondent/accused mainly on two grounds; (i) that the report of Chemical Expert was not made part of the record and nothing was on record showing that said report was made part and parcel of the Trial Court record; (ii) that the house from where the alleged recovery was made had not been proved to be owned by accused, while on the contrary, it had been concluded that the same was owned by someone else---None of the witnesses including the Investigating Officer had tendered any Chemical Expert report, nor the said report had been made as part of the record of file or any request was made within the purview of S.528, Cr.P.C. for leading additional evidence--Chemical report must be tendered in evidence to enable accused to rebut the same---Trial Court had passed the judgment on proper appraisal of evidence and law available and order of acquittal of accused was based on legal footing--In absence of any misreading and misappreciation or perversity in the impugned judgment of the Trial Court warranting interference by the High Court, appeal having no merit was dismissed. Wali Muhammad v. King-Emperor AIR 1924 All. 193 ref. ORDER MEHTA KAILASH NATH KOHLI, J.--- This appeal under section 48 of Control of Narcotic Substances Act, 1997 has been directed against judgment dated 30th June, 2008, passed by learned Special Judge (C.N.S.), Quetta in case No.21 of 2007, whereby; accused-respondent has been acquitted of the charge under section 9(c) of Control of Narcotic Substances Act, 1997. Facts of the case, in brief, are that on 26th March, 2006, an F.I.R. No.9 of 2006, under above mentioned section was registered with Police Station Anti Narcotics Force, Quetta on the report/Murasila of complainant Captain Shehzad Younas, Assistant Director, A.N.F. stating therein that on receipt of credible information that respondent Abdul Samad along with co-accused Fazal Muhammad and Jameel Ahmed have stored huge quantity of narcotics in the house of accused Abdul Samad, which they will…

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