Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)-----   ----S. 9(c)---Appreciation of evidence---Allegation against accused was that while travelling in a bus, Charas was recovered from a wooden box of which accused had claimed ownership and which box was opened by the key supplied by accused---Police officer as prosecution witness had admitted in his cross-examination that absconding accused was real person who was owner of the Charas and that the said absconding accused was a notoriously known person---Prosecution witness had also admitted that during interrogation stand taken by accused was that accused was brought to bus stand by the said absconding accused who also arranged ticket for him---Admission so made by the prosecution witness had found -total corroboration from the confession of accused--¬Confession of accused appeared to be exculpatory and accused had shown his total ignorance about contents of wooden box and such version was supported by Investigating Officer---Possession of narcotics with conscious knowledge, could not be attributed to the accused, in circumstances---Accused was a man of advance age of more than seventy years---Benefit of doubt was extended to the accused in. absence of any evidence showing that accused himself was involved in the drug trafficking---Conviction and sentence awarded to accused by Trial Court were set aside and he was acquitted of charge.   Noor Alam Khan for Appellant.   Tariq Khan Kakar for the State.   Date of hearing: 22nd May, 2003. JUDGMENT TARIQ PARVEZ KHAN, J.------On 10-9-2000 at 1-30 p.m. while conducting regular checking, Mir Badshah, Inspector Police Station ANF checked Bus No.DNC-2555 at Kotal Check Post. A wooden box was lying on the roof of the bus, the same was suspected and was brought down from the roof of the bus. When the passengers of the bus were asked about the ownership of the box, appellant, Sarwar, is alleged to have claimed its ownership. It is the case of the prosecution that with the key supplied by Sarwar appellant the box was unlocked which was apparently empty but in its secret cavities it contained ten packets of Charas each weighing 1050 grams. The samples were…

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