Law: Control of Narcotics Substances Act, 1997

Section: 9(b)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(b)---Possession of narcotic drugs---Appreciation of evidence---Benefit of doubt---Allegation against accused was that 470 grams of Charas was found in his exclusive possession and due to non-availability of private witnesses, the official witnesses were appointed as marginal witnesses of arrest and recovery---Prosecution separated only 10 grams of Charas from the recovered quantity---Effect---Mode and style of sampling had not been described by the complainant either in the memo of arrest and recovery or during deposition---Prosecution case was that they apprehended the accused on the tip of information but they did not try to associate any private person---Report of the Chemical Examiner described the date of receiving the case property but record was silent about the date of sending the case property---Exhibited letter of sending the case property showed endorsement of receiving the property on certain date but different date was mentioned with a different pen in ink on the carbon copy---Prosecution case was not free from doubt, in circumstances---Accused was entitled to benefit of doubt---Conviction and sentence recorded by the Trial Court were set aside---Appeal was allowed accordingly. THIS JUDGMENT DELIVERED BY: FAHIM AHMED SIDDIQUI, J.--- The Special Judge Sessions Judge-III, Umerkot in the Special Case No. 04/2016 (Re. State v. Muhammad Sultan Makrani) has convicted the appellant by passing the impugned judgment dated 11th August, 2016. The operating part of the impugned judgment is as under:- "Taking into consideration, the findings on the point No. 01, facts and circumstances of the case as enumerated above, I am of the considered view that the prosecution has proved its case beyond a shadow of doubt. Therefore I convict and sentence accused Mohammed Sultan alias Machar under section 9(b), Control of Narcotic Substances Act, 1997, to suffer R.I. for five (05) years and to pay fine of Rs. 10,000/-. In case of default of fine amount, he shall suffer S.I for three months more. The benefit of section 382-B, Cr.P.C. is also extended to accused." 2. We have heard the arguments and perused the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492