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Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9--Sentence--Recovery of contrabang weighing 20 Kgs--Knowledge incriminating substance--In absence of any corroboratory evidence, it would not be in accord with safe administration of justice to maintain conviction, especially when it is all more easy to plant such substance in a vehicle, that tool, parked in house of its owner--Charge against has not been proved beyond any shadow of reasonable doubt--By extending benefit of doubt to appellant, allow instant appeal. JUDGMENT Waqar Ahmad Seth, J.--On receipt of infor mation from high ups that a huge quantity of narcotics would be smuggled from tribal territory to Punjab through a motor Car Bearing No. LEE-5155, Mushtaq Ahmad, SI, Police Station ANF, Peshawar, formed a raiding party and fenced the road near Motorway Interchange Charsadda. The said motorcar after its arrival to the spot was stopped and the person who was driving it, disclosed his name as Mamal Khan, appellant herein. The motorcar was subjected to a thorough search which led to the recovery of contraband weighing 20 KGs and a case under Section 9 CNSA was registered against him, vide FIR No. 51 dated 13.7.2012 in Police Station ANF, Peshawar. 2. After the arrest of the appellant and completion of the investigation, he was forwarded to the Court of the learned Judge Special Court for trial, who on its conclusion convicted and sentenced him to life imprisonment with a fine of Rs. 5,00,000/- or in default to undergo S.I. for four months, vide judgment dated 5.6.2013. Benefit of Section 382-B of the, Cr.P.C. was, however, extended to him, hence this criminal appeal. 3. Learned counsel appearing on behalf of the appellant contended that the appellant is innocent and has falsely been implicated in the instant case. He further added that when the appellant being a driver by profession was telephonically informed by one Hamidullah, the owner of the vehicle, to take his car, parked in his house, to Mardan, he just a carrier could not be saddled with conscious knowledge of the incriminating substance. Failure on the part of the Prosecution to produce evidence, the learned counsel commented, to…

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