Law: Control of Narcotics Substances Act, 1997

Section: 9(b)

Control of Narcotic Substances Act (XXV of 1997)     S. 9(b) Appreciation of evidence Whole case of prosecution depended on Roznamcha entry showing time and date when the complainant alongwith other police officials set out for patrolling, but said entry had not been produced by the prosecution before the Trial Court Presumption could be that police party had not left the concerned police station for patrolling and the accused had been victimized by the police in order to keep their pockets up Property allegedly recovered from the possession of the accused had been sent after delay of seven months and said delay remained unexplained ¬No signature was found on the statement under S.342, Cr.P.C. of the accused on the first page of said statement which was a flagrant violation of the mandatory provisions of S.342(2), Cr.P.C. Prosecution having miserably failed to make out the case against the accused, convicting and sentencing him passed by the Trial Court was set aside and he was ordered to be released forthwith.   Qalandaro alias Nazro v. The State 1997 MLD 1632; Fareed Ahmed Langra v. The State 1998 PCr.1J 1368 and Raees Khan v. The State 1991 PCr. LJ 617 ref.   Asif Ali Abdul Razzaq Soomro for Appellant. Abdul Fatah Mughul for the State.   hearing date: 3rd May, 2001. JUDGMENT FAIZ MUHAMMAD QURESHI, J.Mr. Asif has voluntarily offered his services to, argue the appeal on behalf of convict/prisoner namely Muhammad Achar who had filed this Criminal Jail Appeal from Jail. We had called for record and proceedings from the trial Court and the same has been received today. Present appellant has called in question the judgment, dated 26 3 2001 passed by the learned Special Judge for Control of Narcotic Substances, Larkana whereby, the appellant has been convicted and sentenced to suffer R.I. for two years under section 9(b) of Control of Narcotic Substances Ordinance, 1995 and to pay fine of Rs.20,000 and in case of default accused to suffer R.I. for six months more for the charges of above offence. Hence this appeal. The facts of the case are that on 30 5 1995 at about 10 00 p.m. complainant S.I.P. Ghulam Sarwar Shah lodged F.I.R. at…

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