Law: Control of Narcotics Substances Act, 1997

Section: 9(b)

Law: Criminal Procedure Code (V of 1898)

Section: 342,161,382-B

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(b)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Prosecution case was that three persons in suspicious condition going on motorcycle, were stopped by police and on their personal search, 300-grams of charas in a plastic shopper was found in the right hand of one accused; 310-grams of charas in a plastic shopper in the right hand of other accused and 340-grams of charas held by the co-accused---Record failed to evidence as to how the charas was weighed to show accuracy, as neither weighing scale was being carried by the police nor record suggested that the same was borrowed at the spot---Such factor gave serious jolt to the prosecution case as to the recovery of definite measure of charas being carried by three individuals at the same time---Being a daytime incident at a public place failure of prosecution to include private witnesses tarnished its narration---Record transpired that charas was recovered on 3-8-2016 but the same was sent to the Chemical Examiner on 5-8-2016---No evidence was on record to show that charas was kept in safe custody during that period, coupled with the fact that Police Officer who was mandated to take samples for examination was neither included as a witness nor presented before the court---Accused persons had claimed innocence and stated that they were picked up from their houses four days prior to the incident and their custody were handed over to police, which got foisted charas upon them and managed the false case---No findings had been recorded by the Trial Court on said version of the accused persons, which showed lack of application of mind of the trial court---Said facts and circumstances of the case reflected that prosecution case was full of infirmities and lacunas creating serious doubts in a prudent mind---Circumstances established that prosecution had failed to prove its case against the accused persons beyond shadow of doubt, benefit of which would be extended to them---Appeal was allowed and accused were acquitted by setting aside conviction and sentence recorded by the Trial Court. Ikramullah and others v. The State 2015 SCMR…

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