Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Reappraisal of evidence---Benefit of doubt---Prosecution alleged that ten kilograms of charas contained in separate packets was recovered from the possession of accused when he was driving a motorcycle and thereafter upon disclosures made by the accused eighty kilograms of charas and 200 kilograms of charas contained in separate packets had been recovered from some other places to which the accused had allegedly led the police party---According to the recovery witnesses/police official produced by the prosecution the last two recoveries did not pertain to the accused and the substance recovered through such recoveries was owned by a co-accused---Complainant/police official as well as one of the recovery witnesses stated that the memorandum of recovery pertaining to the first recovery had not been prepared at the spot but at some subsequent stage and place, which was a serious lapse on the part of the investigating agency and the recovery officer and because of such lapse there was no guarantee that before preparation of the memorandum of recovery vis-a-vis the first recovery the substance recovered had not been tampered or interpolated with or that the weight of the substance recovered was the same as alleged---In view of such infirmities in the case of the prosecution the benefit of doubt had to be extended to the accused---Conviction and sentence of the accused recorded and upheld by the courts below were set aside and he was acquitted of the charge by extending the benefit of doubt to him---Appeal was allowed accordingly. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN. KHOSA, JUSTICE:---.--- Abdul Basit appellant was booked in case FIR No. 49 registered at Police Station Anti-Narcotics Force, Lahore on 26.06.2007 in respect of an offence under section 9(c) of the Control of Narcotic Substances Act, 1997 and after a regular trial he was convicted by the trial court for an offence under section 9(c) of the Control of Narcotic Substances Act, 1997 and was sentenced to imprisonment for life and fine which conviction and sentence of the appellant were subsequently upheld and…

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