Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 937

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Contradiction existed in timing of lodging of the F.I.R. and the writing of Murasila etc.---Samples were sent to the Chemical Examiner with delay of about four days, which delay was not plausibly explained by the prosecution, which had made recovery doubtful---Vehicle from which the recovery had been made, was not produced by the prosecution in the court and the prosecution had failed to explain as to under what circumstances, they could not produce the vehicle in the court, which had further made case of prosecution doubtful---Trial Court had awarded the maximum punishment to accused on the basis of his confessional statement, which otherwise could not be termed as confession so far as recovery of narcotics was concerned---Accused, in his alleged confessional statement had never admitted that he had any knowledge about the narcotics or he was trafficking same from one place to another---Prosecution having failed to prove its case beyond reasonable doubt, conviction and sentence awarded to accused by the Trial Court vide impugned judgment, was set aside; accused was acquitted of all the charges against him and he was set free. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Qanun-e-Shahadat (10 of 1984), Art. 37---Criminal Procedure Code (V of 1898), S. 164-Possession of narcotics---Appreciation of evidence---Where confession appeared to be exculpatory and accused had shown his total ignorance about the concealment of narcotics in the vehicle, concealment of narcotics with conscious knowledge could not be attributed to the accused---Mere recovery of narcotics from a vehicle, would not automatically connect accused with contraband article, unless the prosecution succeeded in showing that he had conscious knowledge of the same---In the present case, narcotics were found ‘lying concealed in a vehicle, not discoverable on mere inspection of the vehicle in absence of special knowledge about its concealment, to recover it, mere presence of a person in such vehicle could not make him liable for conscious possession of such…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492