Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possessing and trafficking narcotics---Benefit of doubt---All the prosecution witnesses were police officials and no private person was associated without any valid reason to witness recovery proceedings, despite place of incident was a busy place---No efforts were made to persuade any person from the locality to act as witness of incident---Material discrepancies had been noticed in the documents produced by the prosecution at trial and the deposition of the prosecution witnesses in respect of timings---Weight of recovered charas was 2500 grams, but as per report of Chemical Examiner the gross weight of charas was 2554 grams---Prosecution had failed to justify how the weight of charas was increased by 54 grams---Said ambiguity had made the case of prosecution highly doubtful---Prosecution had failed to satisfy on the point of safe custody of property at Police Station and its transit to Chemical Examiner---Prosecution had not examined Head Muharrir and the Police Official who deposited the charas to the office of Chemical Examiner---Prosecution had failed to discharge its liability of proving the guilt of accused beyond shadow of doubt---While extending benefit of doubt, conviction and sentence recorded by the Trial Court against accused by impugned , were set aside---Accused was acquitted of the charge and was ordered to be released forthwith, in circumstances. Ikramullah and others v. The State 2015 SCMR 1002 and Tariq Pervez v. The State 1995 SCMR 1345 rel. THIS JUDGMENT DELIVERED BY: SHAMSUDDIN ABBASI, JUSTICE:---.--- The captioned appeal arises from the conviction and sentence recorded by learned Special Court No. I (CNS), Karachi, by judgment dated 04.02.2016, whereby the appellant was ordered to undergo rigorous imprisonment of five years and six months for an offence under Section 9(c) of Control of Narcotic Substances Act, 1997 and to pay a fine of Rs.25,000/-, in default whereof, he was ordered to undergo simple imprisonment of five months and fifteen days more, however, appellant was extended benefit of Section 382-B, Cr.P.C. 2. The facts giving rise to this appeal, briefly stated,…

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