Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession and transportation of narcotics---Reappraisal of evidence---Benefit of doubt---Charas gardah and charas pukhta---Accused was apprehended by police on basis of secret information and allegedly 10 packets of charas gardah were recovered from secret cavities of vehicle being driven by accused---Trial Court convicted accused under S.9(c) of Control of Narcotic Substances Act, 1997 and sentenced him to 10 years' imprisonment with fine of Rs. 50,000---Case property i.e. vehicle wherein narcotics were allegedly hidden was also confiscated to the State--- High Court reduced sentence of accused to 7 years' imprisonment, but maintained conviction---Validity---Accused along with case property was sent to police station before arrival of investigating officer at the spot---Packets containing narcotics opened at the time of cross-examination of witnesses were found to be of different sizes, whereas case of prosecution was that all packets were of the same size---Marginal witness of recovery memo during his cross-examination stated that it was not specifically mentioned that accused was present at the time of recovery; or that case property was sealed with five monograms; or that recovery memo was prepared at police post---Police official/witness who conducted the raid admitted in his cross-examination that in the site plan presence of accused in vehicle was not mentioned; that there was difference between charas gardah and charas pukhta; that parcels of case property were sent with three seals and not five seals; that report of chemical examiner stated that charas was brownish solid in colour, whereas packets opened in court contained charas which was not brownish solid in colour---Prosecution did not prove its case beyond any shadow of doubt---Accused was acquitted in circumstances and order of confiscation of his motor car was also set aside---Appeal was allowed accordingly. Noor Alam Khan, Advocate Supreme Court for Appellant (in both cases). Muhammad Siddique Khan Baloch, Advocate Supreme Court for the State (on behalf of AG Khyber Pakhtunkhwa). Date of hearing: 21st October, 2013. JUDGMENT…

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