Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Appreciation of evidence---Contradictions were appearing both in the relevant documents as well as in the statements of prosecution witnesses recorded in the case with regard to the recovery of contraband charas as well as its quantity---Forensic Science Laboratory report had shown that 7 parcels were drawn from the lot, but that figure of 7 parcels was nowhere appeared in the record---Parcels were made available to Laboratory after about 20 days of alleged occurrence and no explanation was given for said delay---Time of occurrence as well as the report i.e. 1200 hours, was the same---Before the report, not only Gas Cylinder containing charas was to be broken, but charas was also to be weighed, samples were to be drawn and to be sealed in parcels and murasila was to be drafted---All said steps had to take sufficient time, but it was not known and explained as to how those actions were completed within no minutes---Neither any other passenger in the vehicle in question nor its driver was made witness to the recovery in question--Investigating Officer had admitted that he himself had not seen accused inside the vehicle and also had not seen Gas Cylinder in question---No Constable was produced as prosecution witness to depose about recovery of Cylinder containing charas from direct and physical possession of accused---Poor quality of investigation made in the case by Investigating Officer both in drafting of murasila containing an ambiguous number of packets and colour thereof, preparation of recovery memo, etc., had benefited accused by creating doubt in the recovery of contraband charas from him while sitting among other passenger in the vehicle---Benefit of doubt must be extended to accused---Impugned of the Trial Court whereby accused was convicted and sentenced, was set aside and he was acquitted of the charge against him. JUDGMENT RAJ MUHAMMAD KHAN, J.---This is criminal appeal against the judgment dated 12-5-2006 passed by the learned Additional Sessions Judge-III/JSC, Kohat in Hadd Case No.12/2004 whereby the accused ­appellant was found guilty under section 9(c) of the Control of Narcotic…

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