Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Recovery of charas--Charas was hidden underground in an abandon house--Many omissions and contradictions in testimonies of prosecution witnesses affecting entire fabric of prosecution case--All above contradictions are material in nature and cogitates that material prosecution witnesses of case are inconsistent and thus their testimonics lacks intrinsic value and inherent worth and cannot be safely relied upon--Our careful appraisal and independent analysis of evidence on record, prosecution evidence deserves to be rejected, creating an impression in our minds that prosecution has failed to prove case against appellant beyond a reasonable doubt--A possibility cannot safely be ruled out of consideration regarding appellant having been falsely implicated in present criminal case and thus, Court decided to extend benefit of doubt to appellant--Prosecution has badly failed to prove its case against appellant beyond any shadow of doubt, therefore, conclusion that findings of trial Court regarding, non-reading and mis-appreciation of evidence available on record and are not sustainable in eye of law, therefore, appellant deserves acquittal--Appeal was allowed. JUDGMENT Sardar Muhammad Sarfraz Dogar, J.--Muhammad Zafar, the appellant, was embroiled in case FIR No. 115/2016, dated 05.6.2016, offence under Section 9(c) of The Control of Narcotic Substances Act, 1997, registered with the Police Station Dhanote, Kehror Pacca, and was tried by the learned Additional Sessions Judge/Judge Special Court Tor CNSA, 1997, Kehror Pacca. The learned trial Court seized with the matter in terms of judgment dated 06.2.2017 convicted the appellant under Section 9(c) of The Control of Narcotic Substances Act, 1997 and sentenced him to undergo R.I. for nine years and six months with the direction to pay Rs.45,000/- as fine and in case of default thereof, further undergo S.I. for seven months and fifteen days. The benefit of Section 382-B, Cr.P.C. was also bestowed upon him. 2. The prosecution story according to the complaint (Exh.PA) of Aziz Ullah Khan S.I. (PW-3), on the basis…

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