Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Recovery of narcotic substance---Appreciation of evidence---Benefit of doubt---Small quantity of sample---Evidence of police officials---Old age of accused---Charas weighing 1010 grams and heroine weighing 215 grams was allegedly recovered from the possession of accused who was an old man of 74-75 years---Accused was convicted by Trial Court and sentenced to imprisonment for six months---Plea raised by accused was that 1 gram of heroine and 5.5 grams of Charas were sent for chemical examination which quantity did not represent exact nature of recovered narcotic substances---Validity---Conviction of a 74-75 years old person could not be sustained merely on the basis of testimony of police officers, who were found to have unleashed onslaught of cases of such like nature against the accused, invariably ending in his acquittal---Accused was not convicted even in a single case---High Court set aside conviction and sentence awarded to accused by Trial Court and acquitted him of the charge---Appeal was allowed in circumstances. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:----------- This criminal appeal by Muhammad Akbar, appellant, calls in question his conviction under Section 9(c) Control of Narcotic Substances Act (CNSA) 1997 and sentence of R.I. for six months and fine of Rs.5000/- or in default of payment of fine to simple imprisonment for a period of one month with benefit of Section 382-B, Cr.P.C. in case vide FIR No.508 dated 30.10.2011 of Police Station City, Abbottabad, by the learned Additional Sessions Judge-III Abbottabad vide judgment/order dated 17.06.2015. 2. The case was registered on the report of Ashiq Hussain, SHO Police Station City, who, reportedly, spotted the convict/appellant making attempt to flee the spot on the sight of police party on petrol duty at Panj-peer Chowk, Abbottabad, at 11.30 hours on 30.10.2011, and after overpowering the convict/appellant, recovered 28 'tokens' heroin and a plastic shopping bag also containing heroin, total weighing 215 grams, as well as two slabs of 'charas' weighing 1010 grams from the Waist-coat and side pockets of the…

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