Law: Control of Narcotics Substances Act, 1997

Section: 9(c),48

Law: Criminal Procedure Code (V of 1898)

Section: 22A

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt--- Inimical witness--- Scope--- Accused was alleged to have been found in possession of 1540 grams of charas---Case of accused was that his sister-in-law had filed application under S.22-A, Cr.P.C. against the complainant---Complainant (police official) during its pendency had tried to compound the matter with his family but when they refused he raided his house and arrested him in the present case---Sister-in-law of accused had appeared before the Trial Court and had advanced the case of accused through production of documentary evidence---High Court held that the accused through oral and documentary evidence had proved that the complainant (police official) was inimical towards him and had a motive to falsely implicate him---Police officials were as good witnesses as any other witness from the general public but this did not mean that the court should accept their testimony as gospel truth without taking the defence plea into consideration---Prosecution had failed to prove the charge against the accused beyond doubt---Appeal was allowed, in circumstances. Wazir Muhammad v. State 1992 SCMR 1134 and Ghaus Bakhsh v. State 2000 MLD 618 rel. THIS JUDGMENT DELIVERED BY: TARIQ SALEEM SHEIKH, JUSTICE:---.--- This appeal under Section 48 of the Control of Narcotic Substances Act, 1997 (the "CNSA"), is directed against the judgment dated 31.1.2019 passed by the learned Additional Sessions Judge, Layyah, in case FIR No. 478/2018 dated 27.8.2018 registered at Police Station City Layyah, for an offence under Section 9(c) of the CNSA. 2. Brief facts of the case are that on 27.8.2018 Complainant Muhammad Sajjad Bashir/ASI (PW-3) was on patrol duty with Ameer Muhammad 887/C (PW-4) and other police officials when he received a secret information that the Appellant was selling charas near Total Petroleum Service, Chowk Azam Road, near his house. Consequent thereupon he raided and apprehended him with 1540 grams charas wrapped in a polythene bag along with Wattak money in the sum of Rs.350/-. Muhammad Sajjad Bashir/ A.S.I. drew 77 grams from…

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