Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 26---Defective and delinquent investigation in the case---Appreciation of evidence---Accused an Assistant Director-ANF, was Investigating Officer in a case and was held guilty of defective, delinquent investigation, and was convicted and sentenced without any notice from the Trial Court within the meaning of S.26 of Control of Narcotic Substances Act, 1997---Impugned did not reveal as to how the investigation conducted by accused, was defective; or the same was based on mala fide---Section 26 did not require that Investigating Officer should be condemned at his back, without affording him opportunity of hearing---Accused was never put to any notice, nor he was called upon to clarify the shortcomings, and defects of the investigation conducted by him---Principles of natural justice required that the Trial Court should have issued a notice to accused, requiring him to explain his position as to "glaring illegalities committed" by him during the course of investigation---Trial Court could not observe that there was no need to further probe into the matter so as to convict and sentence accused---Accused certainly deserved to be heard before he was treated in that way by the Trial Court---Impugned conviction/sentence of accused, was not sustainable in any way nor methodology practised by the Trial Court, could be approved---Conviction and sentence of accused, were set aside and he was discharged of all burdens put on him by the Trial Court---Remitting of the case for regular trial of accused by the Trial Court, would not serve the ends of justice, especially after an interval of twelve years. Mazhar Ahmad's case 2012 SCMR 997 ref. JUDGMENT SHAHID HAMEED DAR, J.---The appellant in fact was the investigating officer of case FIR No.10/1998, dated 29-4-1998, under sections 7, 8, 9(c), 15 of the Control of Narcotic Substances Act, 1997, registered at Police Station ANF, Lahore and he was examined as P.W.4 during trial of Sharaf-ud-Din Sheikh, the accused of the above-said case, but he (appellant) ended up in a situation, beyond his imagination, as he, without any notice from the trial court, within the meaning of…

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