Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Reappraisal of evidence---Benefit of doubt---Public witness not supporting prosecution case---Separate samples from each packet not taken---Effect---Narcotic weighing 13450 grams was allegedly recovered from a vehicle, which was driven by the accused---Prosecution witnesses consisted of police officials and a public witness---Public witness stated that he was working as a Razakar with the police on patrol duty, and that when the vehicle in question was stopped and searched nothing was recovered on account of which he was declared as a hostile witness---Prosecution thereafter proceeded with its case by adducing evidence of other prosecution witnesses who were all police officials---Public witness associated with recovery of narcotic had not supported the prosecution case, which created a dent in the veracity of the recovery being effected, and thus serious doubts had arisen, benefit of which had to go to the accused---Separate samples had not been taken from each and every packet for chemical analysis rather only one sample weighing 10 grams had been separated and sent for chemical analysis, and it had also not been specified as to from which packet the sample was separated---Such circumstances created serious doubt in the prosecution case, benefit of which had to go the accused---Appeal was allowed accordingly and conviction and sentence of accused under S. 9(c) of Control of Narcotic Substances Act, 1997, was set aside. Aftab Ahmed v. The State Criminal Appeal No. 50(S)/1988 and Ameer Zeb v. The State PLD 2012 SC 380 ref. (b) Criminal trial--- ----Police witnesses, evidence of---Public witness not supporting the prosecution case---Effect---When a public witness had not supported the prosecution case then it may be difficult to rely upon evidence of police officials alone for convicting and sentencing an accused. Aftab Ahmed v. The State Criminal Appeal No. 50(S)/1988 ref. JUDGMENT IQBAL HAMEEDUR RAHMAN, J.---The instant appeal by the leave of the Court arises out of a Jail Petition filed by the appellant and impugns the judgment dated 2-6-2009 of a Division Bench of…

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