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Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Sentence--Recovery of 10 Kgs chars concealed in secret cavities--Recovered contraband was not produce before trial Court--Destroyed--Validity--Neither any Court order nor any certificate issued by it is available on record showing that case property was destroyed after obtaining proper permission from Court--Prosecution was bound to produce entire evidence necessary to bring home guilt of beyond reasonable doubt, which exercise has not been undertaken by it, thus, on such cryptic evidence, appellant cannot be convicted and sentenced. JUDGMENT Ms. Musarrat Hilali, J.--The appellant stood trial in case FIR No. 560 dated 10.7.2013 u/S. 9(c) CNSA Police Station ChamkaniPeshawar and after having been found guilty was convicted and sentenced to suffer ten years RI with a fine of Rs. 50,000/- or in default thereof to undergo three months SI with benefit of Section 382-B, Cr.P.C. The judgment of conviction was handed down by learned Additional Sessions Judge-II/Judge Special Court, Peshawar on 19.11.2014. 2. The complainant Syed Naveed Jamal, Inspector Excise & Taxation alongwith other police contingent was on checking at Motorway Peshawar barricade when received information regarding smuggling of huge quantity of narcotic from tribal territory toward down country through Honda motor car bearing, Registration No LZZ-0353. At the relevant time, the said vehicle emerged on the scene driven by appellant which was signaled to stop. Search of the vehicle led to the recovery of 10 KGs chars concealed in secret cavities made beneath in its trunk. Necessary samples were separated for chemical analysis while the remaining stuff was sealed into separate parcel, hence on the basis of murasilaEx.PA/1, the above noted case was registered. 3. After completion of investigation, the appellant was charge sheeted to which he did not plead guilty and claimed. 4. At the trial, in order to establish its case, the prosecution examined 5 witnesses in all whereafter statement of accused was recorded u/S. 342, Cr.P.C., wherein, he denied the persecution allegation and professed innocence. However, he neither wished to…

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