Law: Control of Narcotics Substances Act, 1997

Section: 48,9(b)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----Ss. 48 & 9(b)--Conviction and sentence--Challenge to--Benefit of doubt--Appellant was not apprehended at spot and his name was disclosed by spy informer but spy informer had not been produced by prosecution--Trial Court had acquitted co-accused, who was apprehended at spot, by disbelieving prosecution evidence to his extent--Held: It is well settled principle of law by now that when co-accused having identical role on same set of witnesses had been acquitted of charge being disbelieved, same cannot be relied upon to extent of remaining accused persons--Report of Chemical Examiner Ex.PD shows name of forwarding officer as an 'ETO' (Excise and Taxation Officer), who had nothing to do with same--E.T.O. has been intruded in this case without any justification, who was neither member of raiding party nor representative of police station concerned, therefore, same cannot be linked with recovered contraband substance and its sample, which creates serious doubt in veracity of prosecution case with regard to question of safe custody of recovered contraband substance--Safe custody as well as safe transmission of separated sample to office of Chemical Examiner had also not been established by prosecution--Nutshell of is that prosecution has failed to bring home guilt of appellant beyond reasonable shadow of doubt and benefit of doubt always favours accused and, thus, appeal is allowed, conviction and sentence of appellant are set aside and he is acquitted of charge. Shahbaz VS The State 2016 SCMR 1763, ref. THIS JUDGMENT DELIVERED BY: ASJAD JAVAID GHURAL, JUSTICE:---.--- Through this criminal appeal under Section 48 of The Control of Narcotic Substances Act 1997, appellant Amir Ghulam alias Chaura has challenged the vires of judgment dated 16.11.2011 passed by the learned Additional Sessions Judge, Jahanian in case FIR No. 282 dated 16.06.2011, in respect of an offence under Section 9-B of The Control of Narcotic Substances Act, 1997 registered at Police Station, Jahanian District Khanewal whereby he was convicted sentenced to rigorous imprisonment for one year and fine of Rs. 10,000/- and in default…

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