Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 340(2)342,382B

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Recovery of narcotic---Appreciation of evidence---Benefit of doubt---Prosecution case was that 200 slabs hashish from boot of the car, driven by accused, was recovered, each slab was weighing 500-grams, total weighing 100-Kgs---100-grams from each slab was separated for analysis, total weighing 20-Kgs and the same was sealed in a parcel, while the remaining narcotic was sealed in other parcels---Record showed that the prosecution had neither cited the name of the person in the list of witnesses who had taken the narcotic to Forensic Science Laboratory nor he was produced in the Trial Court for recording his statement, which created doubt with regard to the safe custody and safe transmission of the contraband---Entire recovery of the contraband was effected from the vehicle/car---Complainant deposed that at the time of interception, the accused-appellant owned the vehicle and stated that the said vehicle had still not been transferred in his name; however, while recording statement, the accused-appellant disowned the said vehicle---Prosecution ought to have conducted investigation with regard to ownership of the vehicle, but that had not been done and the entire case was silent with regard to the same---Registration documents of the vehicle were also not taken into possession---In absence of any such evidence, accused-appellant could not be held responsible for the recovery of alleged contraband from the vehicle, ownership whereof was disputed---Appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court, in circumstances. Siraj-ud-Din v. The State Criminal Appeal No. 579 of 2017 rel. (b) Administration of justice--- ----If a specific procedure was provided for doing an act in a specified procedure, such act was required to be done in that manner, deviation from such procedure would amount to violating the law. Muhammad Yousaf v. The State 2017 MLD 1471 rel. (c) Criminal trial--- ----Benefit of doubt---Principle---Accused would be entitled to get the benefit of a slightest doubt. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, J.--- This…

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