Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 382B,410

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9 (c)--Convicted and sentenced to rigorous imprisonment and fine--Challenge to--Recovery of huge quantity of heroin i.e. 15-killo grams in toto, lying on engine beneath bonnet wrapped in shopping bag--Two rounds of litigation--In first round samples were taken and dispatch to Forensic Science Laboratory and report their off was in positive but after remand of case, fresh samples were taken to PCSIR Laboratory, for chemical examination--Later report revealed that there were total 300-grams heroin and not 15-killograms--Validity--Held: If one goes to record will find glaring contradictions therein which creates reasonable doubt in a prudent mind about guilt of accused as occurrence has not been taken place in mood and manner which described by prosecution, thus giving benefit of doubt appellant will be entitled to such benefit not as a matter of grace and concession; but as a matter of right, in present case all above noticed serious issued create doubt in mind regarding proving of guilt of appellant beyond reasonable doubt--It is established fact that contraband were declared as heroin while in subsequent report, suggests otherwise, creates serious doubt in prosecution and benefiting appellant--Accused who was acquitted of--Appeal accepted. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, CJ.- The appellant Aman ul Haq son of Muhammad Ullah r/o Mohallah Haji Abad, Sheikhan, Peshawar charged in case registered vide FIR 197 dated 02.03.2009 under Section 9-C, Control of Narcotics Substances Act, 1997 of Police Station Phandu, Peshawar. Thus was convicted by the learned Additional Sessions Judge-V/Judge Special Court, Peshawar vide order dated 07.04.2016, and convicted and sentenced under Section 9-C, Control of Narcotics Substances Act, 1997 for four years rigorous imprisonment alongwith fine of Rs. 40,000/- OR in default of payment of fine to undergo further two months S.I. Benefit of Section 382-B, Cr.P.C was extended as well. Hence the instant appeal under Section 410, Cr.P.C r/w Section 48 of Control of Narcotics Substances Act, 1997 against. 2. The brief facts which have led to the present appeal…

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