Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 161,265C,340(2),342,382B,512

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Recovery of narcotics--Benefit of doubt--So far as co-accused/appellant, is concerned, besides allegation made by appellant, there is nothing on record to connect him with commission of offence, as his involvement in case is doubtful on ground that narcotics were recovered from secret cavities of ibid vehicle, being driven by appellant--Only piece of evidence against co-accused/appellant, is pointation of spot where allegedly vehicle with contraband was handed over to accused/appellant, but it is not convincing, as spot was already known to PW, Inspector Investigation, who admitted same in his cross-examination--Prosecution has miserably failed to prove its case against co-accused/appellant beyond shadow of doubt and trial Court has fallen in error while ignoring above loop holes in prosecution evidence thereby convicted co-accused/appellant, whose case is full of doubt, benefit of which must be extended to him--Thus, conviction and sentences recorded by trial Court against co-accused/appellant, cannot be upheld. THIS JUDGMENT DELIVERED BY: MUHAMMAD AYUB KHAN, J.- Through this single judgment, we will also decide Cr.A. No. 79-P of 2017, as both the appeals have emanated from common judgment dated 31.01.2017 of the learned Additional Sessions Judge-I/Judge, Special Court, Charsadda, delivered in case FIR No. 473 dated 19.08.2015, under Section 9(c) of the Control of Narcotic Substances Act, 1997 of Police Station Prang, Charsadda, whereby both the appellants have been convicted and sentenced to imprisonment for life with fine of Rs. 200,000/- each and in default whereof to further undergo six months simple imprisonment each, with benefits under Section 382-B, Cr.P.C. 2. Brief facts of the case, as unfolded in the case murasila (Ex.PA/1), are that on 19.08.2015, complainant, namely, Ghafir Ullah Khan, SHO had information to the effect that narcotics would be smuggled from tribal area to Punjab via Motorway. On this, he alongwith other police personnel laid 'Nakabandi' at Motorway Interchange Check Post and were busy in checking the vehicles, when in the…

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