Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Recovery of narcotic substance---Appreciation of evidence---Benefit of doubt---Place of recovery not in exclusive possession---Heroin weighing 1145 grams was recovered from accused who was convicted by Trial Court and sentenced to imprisonment for six years---Validity---Case property was handed over to prosecution witness at 7pm on 14-12-2013 and the same had given rise to a question as to how the parcel was received in concerned office on the same day at or after 7pm because the office did not remain open till such time---Room from where contraband material was recovered at the pointing of accused was not locked when Investigating Officer reached there along with police party to effect recovery---Almirah from which heroin was allegedly recovered at the pointing of accused was also not locked and accessible for other dwellers of the abode---Such had created doubts about veracity of recovery of contraband material at the instance of accused---Single circumstance which created reasonable doubt regarding prosecution case, the same was sufficient to give benefit of the same to accused---High Court extended benefit of doubt to accused person, set aside conviction awarded by Trial Court and acquitted him of the charge---Appeal was allowed under circumstances. Ikramullah and others v. The State 2015 SCMR 1002; Tariq Pervez v. The State 1995 SCMR 1345; Ayub Masih v. The State PLD 2002 SC 1048 and Muhammad Akram v. The State 2009 SCMR 230 rel. THIS JUDGMENT DELIVERED BY: SYED SHAHBAZ ALI RIZVI, JUSTICE:----------- Through the instant criminal appeal, Muhammad Imran (appellant/convict) has assailed the judgment dated 31.01.2015 passed by learned Addl. Sessions Judge, Rawalpindi in case FIR No.574 dated 11.12.2013 offence under Section 9(c) of Control of Narcotic Substances Act, 1997, registered at Police Station Rata Amral, Rawalpindi whereby the appellant was convicted under Section 9(c) of Control of Narcotic Substances Act, 1997 and sentenced to rigorous imprisonment for six years with fine of Rs.30,000/- and in default thereof to further undergo simple imprisonment for six months. The benefit of…

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