Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ---S. 29---Possession of illicit articles---Presumption---Burden of proof---Scope---Prosecution had the primary obligation to prove its case beyond reasonable doubt and its burden was not shifted under the presumption contained in S. 29 of Control of Narcotic Substances Act, 1997, which section only stated that once the prosecution had established recovery beyond shadow of doubt, it was then that the burden was shifted---Section 29 of Control of Narcotic Substances Act, 1997, did not absolve the prosecution of its primary duty to prove its case beyond doubt. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(b)---Possession of narcotic---Appreciation of evidence---Benefit of doubt---Doubtful recovery---Delay in sending samples---Contradictions between evidence of prosecution witnesses and contents of F.I.R.---Accused was allegedly found in possession of 400 grams of charas and Trial Court convicted him under S. 9(b) of Control of Narcotic Substances Act, 1997---Validity---F.I.R. stated that charas was allegedly recovered from the fold of shalwar (trouser) of the accused, but complainant/police official deposed that charas was recovered from the right side fold of shalwar ( trouser) of the accused---Arrest and recovery mashir (police official) in his deposition had stated a story dissimilar to the recovery stated in the F.I.R.---Narcotic (charas) was sent to the Chemical Examiner after about 12 days of its alleged recovery, and case record provided no explanation as to who had the custody of the sample parcel in the said period---Prosecution had failed to prove its case beyond shadow of reasonable doubt---Appeal was accepted, accused was extended benefit of doubt and he was acquitted of the charge. Asghar Ali v. The State 1996 SCMR 1541; Amjad Ali v. The State 2012 SCMR 577 and Sayed Saeed Muhammad Shah v. The State 1993 SCMR 550 ref. JUDGMENT ABDUL RASOOL MEMON, J.---Appellant Asif Ali son of Munwar Ali resident of Shaikh Zaiyed Colony, Larkana, was tried by Mr. Bashir Ahmed Khoso, Sessions Judge/Special Judge, for C.N.S., Larkana, on the charge of having found in possession of Charas…

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