Law:

Section:

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Evaluating evidence--Material contradictions evidence--Validity--Prosecution has to prove its case beyond any reasonable doubt against the appellant as the depositions of material prosecution are tainted with contradictions, which leads us to formulate an opinion that the prosecution evidence is not up to the mark and no conviction can be based upon it. Appreciation of evidence-- ----Material contradictions inconsistencies and discrepancies of evidence-Prosecution has failed to prove its case beyond any shadow of doubt by way of producing independent, reliable and confidence inspiring evidence. Witnesses-- ----Contradictions--Lack intrinsic value--All the above contradictions are material in nature and cogitates that the material prosecution witnesses of the case are inconsistent and thus their testimonies lacks intrinsic value and inherent worth and cannot be safely relied upon. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Sentence--Recovery of 6k and 200 grams of charas--Benefit of doubt--A possibility cannot safely be ruled out of consideration regarding the appellant having been falsely implicated in the present criminal case and, thus, we have decided to extend the benefit of doubt to the appellant. Misapprication of Evidence-- ----Entitlement of acquittal--Findings of trial Court regarding conviction of the appellant are based on misreading, non-reading and mis-appreciation of evidence available on record and are not sustainable in the eye of law, therefore, the appellant deserves acquittal. THIS JUDGMENT DELIVERED BY: Sardar Muhammad Sarfraz Dogar, J.- Muhammad Zafar, the appellant, was embroiled in case FIR No. 115/2016, dated 05.6.2016, offence under Section 9(c) of The Control of Narcotic Substances Act, 1997, registered with the Police Station Dhanote, Kehror Pacca, and was tried by the learned Additional sessions Judge/Judge Special Court for CNSA, 1997, Kehror Pacca. The learned trial Court seized with the matter in terras of judgment dated 06.2.2017 convicted the appellant under Section 9(c) of The Control of…

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