Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Appreciation of evidence---Prosecution case was that police who had gone to the house of accused in order to arrest a proclaimed offender who was alleged to be close friend of the accused and was hiding in his house---Said proclaimed offender was not found in the house of accused which consisted of only one room but instead upon searching the house found a bag containing three bags of heroin, each weighing one kilogram---Police officers concerned admittedly had not obtained a search warrant---Entry into the house of accused without search warrant would have been justified had it been for arrest of the proclaimed offender---Prosecution had failed to bring anything on record showing that said person had been declared as proclaimed offender---Since purpose of raiding the house of accused was to arrest the alleged proclaimed offender, the very entry of police in the house of accused, was illegal---Once alleged proclaimed offender was not found in the house of accused, there was no reason as to why police officials should have gone around and started searching bags lying in that house-Search was unwarranted when both prosecution witnesses had admitted that they had no information that accused had been indulging in narcotics---Police should have simply left the house once they found that the alleged proclaimed offender was not there---Major contradiction appeared in statements of prosecution witnesses with regard' to presence of accused in the house and recovery memo.---Such contradictions had created doubt about recovery of heroin from the house of accused and benefit of such doubt must go to the accused---Conviction and sentence recorded against accused by Trial Court, were set aside and he was acquitted of charge framed against him and was set at liberty.JUDGMENT NASIR-UL-MULK, C.J.------The appellant Bashir Ahmad, son of Abdur Rehman, resident of Peshawar was convicted by the Additional Sessions Judge/Judge Special Court, Peshawar on 8-7-2004 under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced to 5 years' RI with the fine of Rs.1,00,000, in default of payment…