Law:

Section:

Control of Narcotic Substances Act, 1997 (XXV of 1997) --.-- --.-- -Ss. 25 & 29 --.-- Criminal Procedure Code, (V of 1898), S. 103 --.-- Huge quantity of heroin recovered --.-- Applicability of S. 103, Cr.P.C. --.-- Section 25 of CNSA ousts applicability of Section 103, Cr.P.C. Section 29 of CNSA raises adverse inference against accused --.-- Control of Narcotics Substance Act is a stern law where on testimony of police officials a person can be awarded death sentence or life imprisonment in such like circumstances prosecution is duty bound to conduct diligent, honest and flawless investigation and prosecution during trial, if any flaw or weakness which is spelt out from record and in opinion of Court is sufficient to create reasonable doubts, benefit of which is resolved in favour of accused. Natural Justice --.-- --.-- Rule --.-- Principle --.-- Hearing of parties --.-- It is a well settled principle of law that no body should be condemned unheard and no adverse order, concerning his right can be passed against any party without hearing him --.-- This rule is a rule of natural justice, which unless prohibited by wording of statute, must be read in each and every statute. 2007 SCMR 330 & 2007 SCMR 1451 ref. Evidence --.-- --.-- Principle --.-- It is well-settled principle of law that if a best piece of evidence is available with a party and same is withheld by him, then it is presumed that party has some evil motive behind it by not producing said evidence --.-- Even otherwise, a presumption under illustration (g) to Article 129 of Qanun-e-Shahadat Order can fairly be drawn in matter that had he been produced he would not have supported prosecution case. Benefit of doubt --.-- --.-- It is established law that for giving benefit of doubt to an accused, there need not be a number of circumstances to prove innocence of accused; even single circumstance creating reasonable doubt is sufficient for acquittal of an accused. Criminal Procedure Code, 1898 (V of 1898) --.-- --.-- S. 410 --.-- Control of Narcotic Substances, (XXV of 1997), Ss. 9(c) --.-- Conviction and sentence --.-- Challenge to --.-- Benefit of doubt --.-- Criminal cases involving matter…

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