Law:

Section:

SARDAR MUHAMMAD SARFRAZ DOGAR, J.- By virtue of this appeal under Section 48 of the Control of Narcotic Substances Act, 1997, the State has questioned the vires of judgment dated 21.3.2009, passed by learned Judge Special Court CNS, Faisalabad, whereby, he acquitted the respondent bestowing upon him benefit of doubt in case FIR No.27/2007, dated 15.9.2007, under Section 9(c) of Control of Narcotic Substances Act, 1997, registered at Police Station ANF, District Faisalabad. 2. According to the prosecution case as set forth in the F.I.R. (Exh.PC/1) is that on receipt of an information to the high-ups of ANF, a raiding party headed by Siddique Gohar Khan A.D. Was constituted, to conduct raid upon Chand Medical Store situated at Subhan Allah Chowk Ghulam Muhammadabad, Faisalabad owned by the respondent. On 15.9.2007, at about 7:00 A.M. The raiding party reached at the said Medical Store and person standing there was apprehended, who disclosed his name as Ali Asghar. During interrogation, said Ali Asghar produced a carton containing 50 bottles of concentrated opium liquid total weighing 5 kilograms to the raiding party. Out of recovered bottles, one bottle was separated for chemical analysis. Resultantly, Jahangir Khan Inspector/SHO (PW-2) drafted the complaint (Exh.PC) and sent it to the Police Station through Zakir Hussain constable for registration of criminal case. 3. After the registration of the FIR, the investigation was also regulated by Jahangir Khan Inspector (PW-2), who, after the usual investigation finding the respondent guilty submitted the challan/report under Section 173 Cr.P.C. In the Court of the competent jurisdiction. 4. The learned trial Court after compliance of provision of Section 265-C Cr.P.C. Framed the formal charge against the respondent to which he pleaded not guilty and claimed trial. The prosecution in order to prove its case has examined as many as four witnesses. Muhammad Arshad constable (PW-1) transmitted the sample parcel to the office of Chemical Examiner, Lahore. Jahangir Khan Inspector (PW-2) was the complainant as well as Investigating Officer of the case. Muhammad Shafique H.C. (PW-3) was the witness of recovery and Numaan…

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