Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Reappraisal of evidence---Appeal against acquittal--- Benefit of doubt--- Accused was allegedly apprehended at a police check post and found in possession of 17 kilograms of opium---High Court acquitted the accused---Held, that there was no explanation provided for the discrepancy between the date of accused's arrest and his remission into police custody for registration of criminal case---Furthermore the contradictions in the statements of two of the prosecution witnesses were not trivial---Charge against the accused was not free from doubt---Appeal against acquittal of accused was dismissed accordingly. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED JUSTICE---.--- Abdul Ali, respondent was returned a guilty verdict by learned Judge, Special Court (CNS), Peshawar; he was indicted for being in possession of seventeen kilograms of opium at an FC check post. The learned Peshawar High Court, however, acquitted him from the charge vide impugned judgment dated 23.1.2007, vires whereof are being challenged by the State. It is argued that there was no occasion for the learned High Court to acquit the respondent in the face of overwhelming evidence, singularly…

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