Law:

Section:

(a) Azad Jammu and Kashmir Control of Narcotic Substances Act, 2001--- ----S. 9(c)---Possession of narcotics Appreciation of evidence---Benefit of doubt---Delay in sending samples to Forensic Laboratory---Non-examination of sample-bearer---Safe custody---Scope---Accused was alleged to have been found in possession of 1250 grams of charas---Sample was received by the Chemical Examiner after about two months of the recovery and no explanation was available on record as to whether the sample remained in safe custody or not---Person who had submitted the sample in the office of Chemical Examiner was not cited as a witness nor was he produced---Only 10 grams of charas was sent to the Forensic Laboratory but the Forensic Laboratory received 14.75 grams of charas, which made the whole prosecution story doubtful---Evidence produced by prosecution was full of contradictions and discrepancies which created further doubt---Appeal against conviction was allowed, in circumstances. Akhtar Iqbal v. The State 2015 SCMR 291 rel. 2015 SCMR 1002; 2012 SCMR 577 and PLD 2019 Quetta 96 ref. (b) Azad Jammu and Kashmir Control of Narcotic Substances Act, 2001--- ----S. 25---Mode of making searches and arrest---Scope---Police witnesses can be relied upon in the cases under Azad Jammu and Kashmir Control of Narcotic Substances Act, 2001 but where only police personnel are witnesses, Court must scrutinize the evidence with greater degree of circumspection. (c) Azad Jammu and Kashmir Control of Narcotic Substances Act, 2001--- ----S. 29---Presumption from possession of illicit articles---Initial burden of proof---Scope---Prosecution is always bound to discharge the basic onus of proof---Burden to prove the guilt of accused lies on the prosecution, though S. 29 of Azad Jammu and Kashmir Control of Narcotic Substances Act, 2001 creates some exception to general principle but even in presence of said section prosecution cannot be absolved from its basic duty to prove the case against accused beyond any shadow of doubt. (d) Criminal trial--- ----Benefit of doubt---Scope---Where any doubt arises in the prosecution story, its benefit goes to the accused and it is not necessary that there should…

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