Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)---S. 26(c)---Vexatiously and unnecessarily detaining, searching or arresting any person by Excise Inspector---Appellant, an Excise Inspector, who allegedly arrested an innocent person imputing an offence under Ss.6, 9(b) of Control of Narcotic Substances Act, 1997, was convicted under S.26(c) of Ordinance and was sentenced---Acquittal of accused in the case was recorded by the Trial Court on plea of defence---Appellant, Excise Inspector, in circumstances was entitled to a summary trial enabling him to cross-examine accused, whose statement under S.342, Cr.P.C. was accepted as gospel truth---Trial Court erred on relying on the newspaper cuttings without being produced in the manner as provided under the law---Accepting appeal of appellant Excise Inspector, impugned order, whereby he was convicted and sentenced, was set aside, and case was remanded to the Trial Court to proceed the same in accordance with law. JUDGMENT SAJJAD ALI SHAH, J.---The appellant has called in question order dated 26-6-2009 passed in Sessions Case No.64 of 2008 by learned Special Court for Narcotics, Badin, whereby the appellant an Excise Inspector for arresting an innocent person and imputing an offence under sections 6, 9(b) of CNS Act 1997 was convicted under section 26(c) of CNS Act, 1997 and sentenced to suffer simple imprisonment for two years and to pay fine of Rs.20,000. 2. Syed Madad Ali Shah, learned counsel for the appellant contends that the appellant who is an Excise Inspector after recovering 300 grams of charas arrested one Muhammad Umer in Crime No.4 of 2008, Excise Police Station, Badin and submitted challan for an offence under section 9(b) before the Special Court for Narcotics Badin. Per counsel, the trial Court after regular trial acquitted the accused Muhammad Umer and issue show-cause notice to the appellant being Investigating Officer of the Crime No.4 of 2008 to explain as to why he should not be convicted under section 26(c) of CNS Act, 1997 for filing a false case. The appellant submitted his detailed reply and the trial Court while discarding the reply, convicted the appellant under section 26(c) of CNS Act and…

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