Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S.9(c)---Seizure of narcotic---Appreciation of evidence---Benefit of doubt---Prosecution case was that 4,400 grams Charas Garda in four packets was recovered from the lap of accused, while he was driving a vehicle---Record showed that memo of recovery and complaint were not in one handwriting---Carbon copy of FIR had been exhibited without application for producing secondary evidence---No explanation about non-production of original FIR was on record---Despite spy information, Investigating Officer went to the place of recovery without the weighing scale---Prosecution witnesses had contradicted each other on the point of scale and manner in which proceedings were conducted---Samples were not prepared with weighing process---Case property (car) was taken into possession but same was not produced before the Trial Court---Record established that investigation of the case was not entrusted to the complainant by the Station House Officer of the police---Complainant had himself assumed the role of Investigating Officer---Incurable illegalities, glaring discrepancies and major contradictions were found in the case---Circumstances created doubt about the veracity of the prosecution case, benefit of which would resolve in favour of accused---Accused was acquitted, in circumstances, by setting aside conviction and sentence recorded by Trial Court. 2016 YLR 1093 ref. 2015 PCr.LJ 158; 2014 PCr.LJ 354; 2009 SCMR 230 and 2008 SCMR 1221 rel. (b) Criminal trial--- ----Single circumstance created doubt was sufficient to give its benefit to accused. THIS JUDGMENT DELIVERED BY: SHAUKAT AZIZ SIDDIQUI, J.--- Instant appeal under section 48 of the Control of Narcotic Substances Act, 1997 is directed against the judgment dated 24.03.2016, whereby, learned trial Court (Judge Special Court CNSA, Islamabad) convicted Appellant and sentenced him to undergo three (03) years RI and a fine of Rs. 50,000/-, in default of payment to further undergo three (03) months S.I, in case FIR No. 332 dated 07.09.2015 offence under section 9(c) of CNSA, 1997, registered at Police Station Ramna, Islamabad. Benefit of section 382-B, Cr.P.C. has…

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