Law: Control of Narcotics Substances Act, 1997

Section: 9(b)(c),26

Law: Criminal Procedure Code (V of 1898)

Section: 173,340(2),342

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 26---Possessing and trafficking narcotics---Acquittal of accused---Direction to register case against Police Official for making vexatious entry, search, seizure and arrest of accused---Trial court acquitted accused, but directed SHO concerned to register a criminal case against Police Official concerned under S.26 of Control of Narcotic Substances Act, 1997, who was complainant in the case and allegedly recovered narcotic (charas) weighing 250-grams from accused---Validity---Section 26 of Control of Narcotic Substances Act, 1997, could only be invoked where it appeared that seizure and arrest was vexatious and unnecessary and direction for registration of FIR only be exercised when it was established on the record through cogent evidence that the narcotics had been foisted upon the accused and he was falsely implicated in the case, otherwise, in each and every case of acquittal, it would be pressed by the accused to direct the Police Officer for registration of FIR against the complainant (Police official) or to proceed in terms of S. 26 of the Control of Narcotic Substances Act, 1997 against the complainant (police official), which would certainly damage the scheme of law and the Police Officers would disincline to be the complainant in the case---Contradictions in the evidence of prosecution witnesses, which might have occurred due to lapse of time, could not cause punishment of the complainant (police official)---Criminal revision was allowed by setting aside the impugned to the extent of directions issued for registration of FIR against the accused/appellant as well as initiation of departmental proceedings. Sulleman v. The State 2007 PCr.LJ 46 ref. THIS ORDER PASSED BY: AMJAD ALI SAHITO, J.--- Applicant Muhammad Iqbal Nawaz has impugned the judgment dated 17.01.2007 passed by learned Special Judge Control of Narcotics Substances/2nd Additional Sessions Judge Hyderabad in Special Case No.36 of 2005 whereby he acquitted the accused from the charge for an offence punishable under section 9(b) CNS Act, 1997 registered with P.S. Excise Crime Branch Hyderabad vide crime No.04 of 2005 and…

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