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Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Criminal Procedure Code, (V of 1898), S. 382-B--Conviction and sentence--Recovery of 75 sacks of poast--Recovery witness was not produced in witness box--Dishonest improvements in statement--Poast was recovered from premises of tenant--Validity--Accused during trial succeeded to substantiate that recovered poast was not in exclusive possession, therefore, merely raising plea that accused was tenant, in absence of any oral or documentary proof in shope of rent deed as receipt was sufficient to exonerate accused from charge. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Sentence--Recovery of 75 sacks of poast--Dishonest improvement--Accused was tenant--Co-accused was acquitted on same facts--No appeal against acquitted accused--Validity--It is well settled law that no one can be punished on basis of such type of evidence and if any doubt would arise, benefit of doubt must be given to accused as matter of right and not as matter of grace and in granting such benefit, single circumstances was sufficient--Prosecution had failed to prove its case beyond reasonable doubt--Appal was allowed. JUDGMENT Altaf Ibrahim Qureshi, J.--This appeal has been directed against the judgment dated 22.11.2010 passed by the learned Additional Sessions Judge; Khanpur, whereby the appellant-Khadim Hussain was found guilty of offence whereas his co-accused namely Abdul Majeed was acquitted from the charge. Accordingly, Khadim Hussain-appellant was convicted and sentenced under Section 9(c), Control of Narcotic Substances Act, 1997 to imprisonment for life along with fine of Rs.30,000/-, in default whereof to further undergo simple imprisonment for four months. He was allowed the benefit of Section 382-B, Cr.P.C. This judgment was rendered in case F.I.R. No. 285/2009, registered under Section 9(c), CNSA, 1997 with Police Station Saddar, Khanpur. 2. The appellant-Khadim Hussain has challenged his conviction & sentence through the instant Appeal. 3. The facts of the case as disclosed from FIR are that on 13.4.2009 at 08:15 p.m., Muhammad Younas Javaid, ASI, was present on patrolling duty in the…

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