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Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----Ss. 9(c) & 48--Sentence--Recovery of 80 sacks of poast containing 90 mounds--No recovery was effected from accused and police party did not arrest any person at spot from store--Validity--Conviction of accused was recorded by trial Court on basis of discredited and disbelieved evidence to extent of two acquitted accused persons without any independent corroboration without any lawful justification--No recovery was effected from appellant and that he was not arrested at spot--Prosecution had failed to prove its case against accused beyond reasonable doubt--Appeal was allowed. JUDGMENT Hafiz Shahid Nadeem Kahloon, J.--Muhammad Munir Ahmed, the appellant has preferred this criminal appeal under Section 48 of the Control of Narcotic Substances Act, 1997 against judgment dated 23.04.2015 passed by learned Addl: Sessions Judge, Rahimyar Khan, whereby he was convicted under Section 9-C Control of Narcotic Substances Act, 1997 and sentenced as under: Imprisonment for life with a fine of Rs. 5,00,000/-and in default thereof to further undergo simple imprisonment for six months by giving the benefit of Section 382-B, Cr.P.C. Whereas Fakhar-ud-Din and Shamas-ud-Din co-accused were acquitted by learned trial Court. 2. (Sic) facts clinched from prosecution case depict that Qasim Ali Sub-Inspector/complainant/PW-4 preferred written complaint (Exh.P-A) to SHO Police Station City Khanpur, alleging therein that on 04.11.2009, he alongwith Allah Bakhsh ASI, Muhammad Naeem 491/C, Muhammad Yousaf 1042/C, Muhammad Saleem 621/C, Abdul Rehman 851/C, Karamat Ullah 1711/C, Muhammad Siddique 1101/C, Muhammad Sajid 339/C and Faiz Rasool 560/C (driver) were on patrolling duty on official vehicle and were present at Chowk Khanpur where emissary information was received that Muhammad Munir, Shamas-ud-Din sons of Haji Noor Muhammad and Fakhar-ud-Din son of Bilal Din had engaged themselves in the business of sale and purchase of poast and they had stored 80/90 mounds poast in the store of said Fakhar-ud-Din situated at Rasheeda Colony Khanpur, whereas Muhammad Munir and Shamas-ud-Din were present in the said store and were…

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