Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Prosecution case was that a vehicle was stopped and three persons were found inside the said vehicle, out of whom, one was sitting on driver seat, one on front seat and one was on the rear seat---Said persons were de-boarded from the vehicle and on search of the vehicle, a plastic sack was recovered from "digi" of the vehicle, from where, ten packets of charas Garda, each weighting 1000-grams, were recovered---On further search, ten packets of charas Garda, each weighing 1000-grams were recovered from secret cavities of both left and right front doors of the vehicle---Two packets weighing 1000-grams each of opium were recovered underneath the driver seat---Complainant separated 5/5 grams from each packet of charas Garda and opium for chemical analysis---All the accused were arrested on the spot---Record showed that complainant despite receiving information 2 hours before the alleged recovery, did not associate any independent witness---Samples separated from the bulk were received in the Forensic Science Laboratory after considerable delay of eleven days, with no evidence forthcoming about safe custody of the samples during the intervening period---Said circumstances made the report of Chemical Examiner doubtful---Trial Court had acquitted the co- accused persons on the basis of same set of evidence, which had been made basis for conviction and sentence of the accused, on the sole ground that he was found on the driving seat, without proof of his ownership or of being driver of the vehicle---FIR showed that contrabands were jointly smuggled by all the accused persons---Said vehicle was released on superdari to the owner, without bringing anything on record to either show the accused as driver of the vehicle or the fact that the contraband were concealed by him in the vehicle and not by the owner---Prosecution had failed to prove its case, in circumstances thus accused was acquitted by setting aside conviction and sentences recorded by the Trial Court. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, J.--- The complainant,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492