Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Reappraisal of evidence---Benefit of doubt---Material witnesses not produced before Trial Court---Doubt as to whether samples were taken from each and every packet of narcotic---Probability of false implication---Effect---Recovery officer and one of the recovery witnesses expired before making their statements before the Trial Court---Only material witness produced by the prosecution before the Trial Court was a witness who had attested memorandum of recovery---Head of raiding party was not produced before the Trial Court and no explanation for such failure was offered---Parcels of recovered narcotic were sealed with the monogram (name initials) of an official who was not even posted at the relevant police station at the time of alleged recovery from accused---No explanation was offered as to why the said parcels did not contain the monogram of the recovery officer---Prosecution claimed that a sample had been taken from each and every slab of recovered substance but note recorded by Trial Court in such regard tended to create an impression that such claim might not be correct---Accused in his statement under S. 342, Cr.P.C. claimed that he had been falsely implicated in the present case because he was instrumental in the arrest of a drug baron, who was later on convicted and sentenced to death---Probability existed that accused was falsely implicated in the present case---Appeal was allowed and accused was acquitted of the charge by extending him benefit of doubt. JUDGMENT ASIF SAEED KHAN KHOSA, J.---Akhtar Iqbal appellant was allegedly apprehended at a time when he was driving a motorcar and the raiding party had recovered different kinds of narcotic substances from the boot of that motorcar. A criminal case was registered against him and after having been convicted by the learned trial court for an offence under section 9(c) of the Control of Narcotic Substances Act, 1997 he was sentenced to imprisonment for life and fine. Subsequently his appeal filed before the Peshawar High Court, Peshawar was dismissed and, hence, the present appeal before this Court by leave of…

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