Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possessing and trafficking of narcotics---Appreciation of evidence---Benefit of doubt---Complainant did not associate any private person to witness the recovery proceedings though he had sufficient time to collect and associate an independent person to act as Mashir in the case---Overwriting was noticed in the Mashirnama of arrest and recovery in respect of date of incident; some writing over the Roznamcha entry No. 3 had also been noticed---Recovered charas was sent to the Chemical Examiner one day after its recovery---Prosecution, neither produced any entry of Malkhana nor examined Head Moharrar of Malkhana in respect of safe custody of narcotic---Person by whom sample was sent to chemical examiner was not examined---Trial Court overlooked all the material aspects of the case---Prosecution case was full of discrepancies, lacunas, contradictions and against the settled principles---Several circumstances existed in the case which had created doubt in the prosecution story---Prosecution had not discharged its liabilities---Benefit of doubt was extended to accused and conviction and sentence awarded to him were set aside and he was ordered to be released forthwith. Mahmood Ahmed Butt, Deputy Director, Regional Directorate, Anti-Narcotics Force, Lahore v. Mst. Fazelat Bibi PLD 2013 SC 361; Ikramullah and others v. The State 2015 SCMR 1002; Nazeer Ahmed v. The State PLD 2009 Kar. 191; Khalil Ahmed v. The State PLD 2008 Kar. 8; Khan Muhammad v. The State PLD 2004 Kar. 681; Muhammad Sarfraz v. The State and others 2017 SCMR 1874 and Nadeem v. The State through Prosecutor General, Sindh Cr. A. No. 6-K of 2008 in Criminal Petition No. 105-K of 2016 ref. (b) Criminal trial--- ----Benefit of doubt---Scope---Not necessary that there should be many circumstances, which create doubt---If there is a single circumstance creating reasonable doubt in a prudent mind about the guilt of accused, the accused will be entitled to its benefit not as a matter of grace and concession but as a matter of right. Tariq Pervez v. The State 1995 SCMR 1345 ref. THIS JUDGMENT DELIVERED BY: SHAMSUDDIN ABBASI, JUSTICE:---.---…

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