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Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Allegation of--Recovery of contraband opium--Marginal witnesses of recovery memo. whereby contraband in question were taken into possession were examined as PWs--They did not utter even a single word about separation of samples from recovery of contraband for purpose of chemical examiner analysis though same is mentioned in recovery memo--It was alleged in initial report recorded in shape of murasila that coaster was checked by official driver and constable and date of recovery of report as given in FIR, however, when driver was examined as PW-1, he stated that he was present with SHO on Nakabandi at, bypass road, which is one day after recovery--PWs stated in their examination-in-chief that bag in question was laying beneath leg of appellant while PW, SHO stated that accused was seated in coaster and beneath his seat a black color bag was laying and did not say even a single word that accused claimed its ownership and same is position in statement of PWs--Case property i.e recovered narcotics were neither exhibited nor produced before trial Court, which is best evidence of prosecution against appellant--Non-production of case property in Court is fatal toprosecution case and destroyed its very foundation--Prosecution has miserably failed to establish case against the appellant beyond array of doubt--Appeal was accepted. Abrar Hussain v. The State 2017 PCr.LJ 14 & Muhammad Fiaz v. The State PLD 2017 Pesh. 74, ref. THIS JUDGMENT DELIVERED BY: Shakeel Ahmad, J.- Saeedullah Khan son of Gulab Khan caste Kaddi Khel Khattak appellant was tried by the learned Additional. Sessions Judge-III/Judge Special Court, D.I.Khan in crime report No. 443 dated 28.11.2014 registered under Section 9(c) Control of Narcotics Substance Act, 1997 at Police Station Saddar, D.I. Khan, he was convicted under Section 9(c) ibid and was sentenced to imprisonment for life and also to pay a fine of Rs. 50,000/- and in default thereof to suffer S..I for two months with benefit of Section 382-B, Cr.P.C. Feeling aggrieved, the appellant has filed this Cr. Appeal No. 20-D/2016. 2. The…

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