Law:

Section:

(a) Criminal trial-- ----Evidence---Appreciation of evidence---Principles---In a society with the present level of moral values which unfortunately prevails, a subordinate official is seldom expected to speak the truth in deviation of the express or implied instructions of his superiors. (b) Precedent--- ---- Principles---Each prosecution case is to be decided on its own merits and circumstances surrounding thereto---Findings and observations recorded in earlier cases are not necessarily to be followed in other cases. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Appreciation of evidence---Evidence against the accused and the acquitted co-accused was so closely connected that if one part of the evidence was disbelieved against one accused, then the remaining part thereof was adversely affected---Accused could not be believed to have arranged with acquitted co-accused to reach the place of occurrence for receiving from him the heroin when the said co-accused was not even available in the city---No case, therefore, was made out against the accused for being in possession of the heroin as alleged by the prosecution for its delivery by him to the acquitted co-accused---Captain of the Pakistan Army who was with the complainant party and was supervising the recovery proceedings of heroin from the accused, had not been examined by the prosecution and the presumption of law would be that had the said witness been examined, he would not have supported the case of prosecution and there being no evidence in rebuttal of the said presumption, it was to be given conclusive effect---Accused had a right in the circumstances to make a prayer before the Trial Court as well as before the High Court for referring the entire case property to the Chemical Examiner for report as to whether it was or was not a narcotic substance, but the Trial Court had got the case property illegally destroyed without issuing any such notice to the accused and without affording him due opportunity of being heard, who had been deprived of making any such request either before the Trial Court or before the Appellate Court and thus stood seriously prejudiced---Positive report of…

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