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Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Sentence--Benefit of doubt--Recovery of charas pukhta weighting 3220 grams--Material contradictions in version of star witnesses--Validity--If one goes through version of I.O., S.O. and marginal witness to recovery memo, one could reach to conclusion that they were not consistent on material aspect of case, viz a viz, mode and manner and recovery of chars from possession of accused--Appeal was allowed by giving him benefit of doubt. [P. 155] A THIS JUDGMENT DELIVERED BY: Syed Afsar Shah, JUSTICE:---.--- On 7.8.2015 Abdul Riaz, ASI to Police Station, Aza Khel, Nowshera, alongwith police nafri was on gusht of the Illaqa, when in the meanwhile, a pedestrian, who was in suspicious condition was stopped. He was having a shopping bag in his hand. The search of the bag led to the recovery of chars pukhta, weighing 3220 grams. Thereafter, the Seizing Officer separated five grams from the entire stuff, sealed into parcel whereas the remaining quantity of chars was sealed into another parcel. On quarry, the person disclosed his name as Nisar. He (Seizing Officer) then prepared the recovery memo. as Ex.PW-4/1 and recorded murasilla as Ex.PW-4/4 which was dispatched to Police Station, Aza Khel, where on the basis of which FIR No. 203 dated 7.8.2015 was registered against the accused under Section 9(c), CNSA. 2. Investigation was started in the case by the Local Police of Police Station, Aza Khel, and on its completion, challan was submitted against the accused-appellant to the Court of learned Additional Sessions Judge-II/Judge, Special Court, Nowshera, where at the commencement of trial, the prosecution produced as many as five witnesses whose statements were recorded and placed on file. On close of the prosecution evidence, accused-appellant was examined under Section 342, Cr.P.C., wherein he denied the charges and professed innocence. 3. On conclusion of trial, the learned trial Court convicted the accused under Section 9(c) CNSA and sentenced him to nine years R.I with a fine of Rs. 1,00,000/- or in default thereof to undergo six months SI further. Benefit of Section 382 (b), Cr.P.C. was also…

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