| Citation(s) |
|---|
| 2016 SLG 3819 2016 SLD 3819 2016 YLR 1829 |
Sindh High Court
Criminal Appeal No. D-30 of 2009, decided on 18th February, 2015. Date of hearing: 18th February, 2015.
AFTAB AHMED GORAR AND AMER RAZA NAQVI, JUSTICE
Akbar Ali H. Dahar for Appellant. Khadim Hussain Khooharo, D.P.G. for the State.
Criminal Appeal No. D-30 of 2009, decided on 18th February, 2015. Date of hearing: 18th February, 2015.
AFTAB AHMED GORAR AND AMER RAZA NAQVI, JUSTICE
Akbar Ali H. Dahar for Appellant. Khadim Hussain Khooharo, D.P.G. for the State.
MUMTAZ ALI MACHHI
VS
. THE STATE--Respondent
Law:
Section:
Control of Narcotic Substances Act (XXV of 1997)----- -----Ss.9(b) & 48-----Possession of narcotics-Appreciation of evidence-----Benefit of doubt-----Conflicting opinions of two courts in similar matter-----Contradictory statements by prosecution-----Prosecution witness at one occasion stated that recovered "charas" was in one piece and 250 grams were separated and sent to the chemical examiner and on another occasion he stated that "charas" was in three pieces-----Another prosecution witness stated that 250 grams was separated from one piece of charas and was sent to chemical examiner, on the other hand report of chemical examiner stated that one sealed parcel containing three brown black pieces of charas was sent for examination-----Accused filed evidence in a case under law of Arms registered by the same complainant against accused for the same incident-----Held, that when in respect of the same incident there were two conflicting opinions of two courts in respect of same document, a doubt was created-----Slightest doubt in the prosecution case was sufficient to acquit the accused, even if trial and in other case was to be totally ignored even then, in the present case, the prosecution case was doubtful, therefore, appellant was entitled to benefit of doubt and was acquitted. 2013 PCr.LJ 1185 rel. THIS JUDGMENT DELIVERED BY: AMER RAZA NAQVI, JUSTICE:----------- On 18.02.2015, through a short order this appeal was allowed and the judgment dated 30.06.2009, whereby appellant was convicted was set aside and appellant was acquitted of the charge; following are the reasons for said order. 2. Brief facts of the case are that an FIR was registered at Police Station Darri, Larkana, bearing No.120/2006, under section 9(b) of Control of Narcotic Substances Act, 1997. The appellant was challaned in such FIR and he was tried by Special Judge for CNS Larkana, and conviction was awarded; he was sentenced to suffer imprisonment for three years and to pay fine of Rs.20,000, and in the default of payment of fine he had to undergo simple imprisonment for three months more. The punishment was awarded under section 9(b) of Control of Narcotic Substances Act, 1997. Such…
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