Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)---S.9(c)---Recovery of narcotics---Appreciation of evidence---Benefit of doubt---Identification of accused---Charas weighing 80 Kilograms was recovered from a truck---Three prosecution witnesses stated that there were only four accused at the time of raid and not eight---Accused was not known to a single prosecution witness at the time of raid or prior to that---Whole prosecution evidence was silent on such issue and not a single witness uttered a word as to how he came to identify accused or with regard to the effect as to the source of identification---Prosecution witnesses stated that prior to the time of raid they did not know accused and had not met him, rather he was stranger to accused---Mukhber/spy was not present at the spot at the time of raid---Truck alleged to have been recovered was not in working condition and there was no evidence to link accused with the truck in any manner---Prosecution failed to prove the charge against accused and High Court set aside the conviction and sentence awarded by Trial Court and accused was acquitted of the charge---Appeal was allowed in circumstances. Hassan Raza alias Taidi v. The State 2006 YLR 2668; Dr. Emmanuel Onuwabuchi Keke v. The State and others 2006 YLR 1834; Muhammad Abbas v. The State 2006 YLR 2378; Umer Rehman v. The State PLD 2009 Kar. 284; Joseph Sunday v. The State 2010 YLR 1335; Fazal and 2 others v. The State 2010 PCr.LJ 360; Meharban and 2 others v. The State 2011 PCr.LJ 8; Ghulam Hussain and 9 others v. The State 2011 PCr.LJ 72; Bakhti Jan v. The State 2011 YLR 134; Tariq Mehmood v. State through Deputy Attorney General PLD 2009 SC 39; Nasrullah v. The State 2011 PCr.LJ 277 and Mushtaq v. The State 2002 PCr.LJ 1312 ref. JUDGMENT SHAHID BILAL HASSAN, J.---Abdul Wahab son of Allah Jewaya Caste Moda, resident of Mouza Kulab, Tehsil Ahmedpur East, District Bahawalpur was tried by the learned Addl. Sessions Judge, Ahmedpur East, in case F.I.R. No.452/2008 under section 9(c) of The Control of Narcotic Substances Act, 1997 at Police Station Saddar Ahmedpur East, District Bahawalpur. The learned Additional Sessions Judge vide his judgment dated 19-9-2011…

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