Law: Control of Narcotics Substances Act, 1997

Section: 9(b)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(b)---Possessing and trafficking of narcotics---Appreciation of evidence---Benefit of doubt---Trial Court had not discussed the evidence of the prosecution witnesses given by them in cross-examination, but had drawn the conclusion that questions put to them being formal in nature, their evidence was uniform and consistent on material particulars of the case, and it stood unshattered---Trial Court while delivering the impugned had not taken into consideration entire evidence---Extraordinary and abnormal delay of almost 7 months was taken in the delivery of sample to Chemical Examiner and it was not known as to why sample was kept at Police Station for such a long time---Major contradictions were noticed in the statement of the prosecution witnesses with regard to quantity of the seized narcotic---Arrest of accused was not made from the spot; and on the day of alleged incident, escape of accused on foot in presence of Police mobile, and in the morning light of the day, being unconvincing, conviction and sentence by the Trial Court, could not be maintained---Impugned of the Trial Court was set aside and accused was acquitted of the charge by extending him benefit of doubt, in circumstances. Muhammad Aslam's case 2011 SCMR 820 ref. (b) Criminal trial--- ----Benefit of doubt---Multiple factors and infirmities were not necessary for creating doubt and dent in the prosecution case---Single infirmity was sufficient for such doubt, and the benefit whereof must be extended to accused. THIS JUDGMENT PASSED BY: SHAUKAT ALI MEMON, JUSTICE:---.--- The Court of Special Judge (C.N.S.)/Sessions Judge, Badin convicted the appellant in Special Case No.191 of 2003 under section 9(b) of Control of Narcotic Substances Act, 1997 and sentenced him to suffer R.I. for four years and to pay fine of Rs.25,000 or in default in payment of fine, to suffer R.I. for three months. The benefit of section 382-B, Cr.P.C. was also extended to the appellant. 2. Instant jail appeal written in Sindhi language is directed against the above conviction and sentence with the pleas that appellant is labourer and was taken away from his house…

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