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--Allegation of--Smuggling of charas through motorcar--Non-availability of--Fail report was without emboss marks--Benefit of doubt--Acquittal of charge--According to SHO PW, he recovered case property, but record is silent as to whom same was handed over and where it was kept--In routine, said PW handed over case property to Muharrir of PS concerned, however, prosecution has not examined said Muharrir in order to prove safe custody, when sample reached FSL thereof--Samples were sent to FSL through FC but again this FC has not been examined--As far as, FSL report is concerned, it has been mentioned on it that "this report carries emboss marks" but could not find any emboss mark on it--Thus, it cannot be safely termed as genuine FSL report--Prosecution has miserably failed to prove its case against appellant beyond any shadow of doubt and trial Court has fallen in error while ignoring above loop holes in prosecution evidence thereby convicted appellant, whose case is full of doubt, benefit of which must be extended to appellant--Thus, impugned cannot be upheld--Appeal accepted. THIS JUDGMENT DELIVERED BY: MUHAMMAD AYUB KHAN, J.- This appeal is directed against the judgment and order dated 13.11.2014 passed by the learned Additional Sessions Judge-XII/Judge, Special Court, Peshawar, whereby appellant, Irfan Ali son of Muhammad Javed, has been convicted under Section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced to imprisonment for life with fine of Rs. 200,000/- and in default whereof to suffer 06 months simple imprisonment However, benefit under Section 382-B, Cr.P.C. was extended to him. 2. Brief facts of the case are that on 31.08.2012, complainant, namely, Ghaffar Ali, SHO had received spy information to the effect that huge quantity of charas would be smuggled to Punjab through motorcar bearing Registration No. LEA-2790, white colour XLI. On this, he alongwith other police officials laid a 'Nakabandi' at Ring Road Hazarkhwani Chowk. In the meanwhile, the said vehicle arrived from Hayatabad side which was signaled to stop; the person…

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