Law: Control of Narcotics Substances Act, 1997

Section: 6,9(c),14,15

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 6, 9(c), 14 & 15---Possession of narcotics---Appreciation of evidence---Case property was not sealed and mashirnama bore no signatures of any personnel of ship---Mashirnama did not show that after drawing the samples, signatures of the witnesses had been obtained---Neither the sample was dated nor it was sealed---No shape or the description of the charas had been mentioned in the mashirnama---F.I.R. was totally silent as regard to the drawing of the sample or sending the same for the chemical examination---All the mashirs in the case were that of Customs Department, who did not have any idea with regard to the weight of the bags which were alleged to have been recovered from the possession of accused persons---No time had been mentioned on the report showing recovery of the contraband items---Whenever a doubt was created, the advantage of that had to be given to accused, not as a matter of grace, but as a matter of right---Case was full of contradictions and prosecution had not been able to prove the charges against accused persons beyond reasonable doubt---Prosecution having failed to prove its case against accused persons, beyond any reasonable doubt, accused were acquitted of the charges against them. 1980 PCr.LJ 369; PLD 1956 SC (India) 81; 2010 PCr.LJ 360; PLD 2004 Kar. 856; PLD 2009 Kar. 284; 2009 PCr.LJ 480; 2010 SCMR 841; 2008 SCMR 991 and Tariq Pervaiz v. State 1995 SCMR 1345 ref. JUDGMENT IRFAN SAADAT KHAN, JUSTICE:---.--- The appellants have approached this Court against the Judgment dated 30-3-2009 passed by the learned Special Judge, CNS-II Court, Karachi whereby the appellants have been convicted under sections 6, 9(c), 14 and 15 of the Control of Narcotic Substances Act, 1997 and sentenced them to suffer life imprisonment and to pay fine of Rs.100,000 each and in default of payment of fine to suffer further S.I. for one year. Benefit of section 382-B, Cr.P.C. was extended to them. 2. Brief facts of the case are that on 21-2-2008 Pakistan Marine Security Agency (MSA) approached the Model Customs Collectorate (Preventive), Customs House, Karachi, and informed them that their ship "MSS…

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