Law:

Section:

(a) Control of Narcotic Substances Ordinance (XLIII of 1997)---.--- ---.---Ss. 6, 7, 8, 9 & 29---.---Criminal Procedure Code (V of 1898), Ss. 164 & 342---.---Recovery of narcotics---.---Appreciation of evidence---.---Onus of proof---.---Quantity of narcotic substance---.---Confessional statement---.---Accused persons were convicted by Trial Court and were differently sentenced extending upto 25 years imprisonment---.---Accused persons could only be punished for contravention of Ss. 6, 7 & 8 under S. 9 of Control of Narcotic Substances Ordinance, 1997, on the basis of quantity of narcotic drug, psychotropic substance or controlled substance---.---Neither prosecution nor Trial Court was sure about actual quantity of alleged recovered substance on the basis of which culpability of accused persons was determined---.---None of the documents or reports tendered in evidence were even put to accused persons in their statements under S. 342, Cr.P.C.---.---Alleged statements of witnesses and accused recorded under S. 164, Cr.P.C., were also not placed before accused persons when they were examined under S. 342, Cr.P.C.---.---Though in terms of S. 29 of Control of Narcotic Substances Act, 1997, some departure to general principle was introduced but even in presence of such provision of law, the prosecution could not be absolved from its initial liability to discharge onus of proof---.---Initial onus of proof was always upon prosecution and once it was discharged, then the accused would be burdened to prove contrary in terms of principles laid down in S. 29 of Control of Narcotic Substances Act, 1997---.---Prosecution had failed to bring home guilt of accused and its case suffered coherent defects and the evidence was full of doubts---.---High Court set aside conviction and sentence awarded to accused persons and they were acquitted of the charge---.---Appeal was allowed in circumstances. (b) Criminal Procedure Code (V of 1898)---.--- ---.---S. 342---.---Statement of accused under S. 342, Cr.P.C.---.---Purpose and use of against accused---.---No incriminating material could be used against accused unless that was specifically put to him during his statement…

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